icon Is underconstruction flat allowed to sell

I have purchased an underconstruction flat in Mumbai, possession is in 2025. Since I don't have funds to pay for the flat, I would like to sell it. However the builder told me I can't sell until posse


A. Dear Client,
Under the Provincial Insolvency Act, 1920 (which is now repealed as IBC Code 2016), you can file for bankruptcy if you are unable to repay a debt greater than ₹500. After analyzing whether the conditions for filing of bankruptcy have been met, the court may accept or reject the application. Until the decision on the application is taken, an interim receiver takes possession of the property of the debtor. If the application is admitted, the court can apply a stay on any legal proce ...ReadMore

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icon House Plan

Sir, I live on a plot of land which belonged to my Grandfather followed by my father and then me. I have the will of the plot but don't have any house plan. I have made new construction of my old hous


A. Dear Client,
The first step in transferring a property to a legal heir's name is to either get the will probated or get letters of administration (LOA). Probate is a court-certified copy of the will. Once the probate of the will is done, the beneficiary will have to visit the office of the sub-registrar concerned with the relevant documents to get the property transferred in the name of the legal heir. A legal heir/beneficiary (as per the will) is required to submit an application form for tran ...ReadMore

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icon Refund of Booking Amount

How to got refund amount from real state builder?


A. Dear Client,
The RERA empowers the homebuyer to cancel an allotment of the apartment booked with a builder at any stage even if there is no default on the part of the developer. It binds the builder to return the money collected from the buyers within 45 days of such cancellation after deducting the booking amount. Without an agreement to sell, the builder can accept up to 10% of the amount of cost of the flat as booking money and if you cancel the booking without the builder's fault, the build ...ReadMore

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icon Question Regarding Token For Property

Hi.. A few days ago I wanted to sell my property. I met someone and he gave me a check of Rs 1 lakh as token amount. He wrote all the details (my property number, pan, aadhar etc) on a plane paper, pu


A. Dear Client,
In the given scenario, no legal action is attracted against you at all. Legally, until and unless an agreement to sell is executed between the Seller and the Buyer, neither any token money/advance against the agreed consideration money is paid nor, accepted in the matter of transfer of immovable property. So, in the absence of a basic document and also for non-encashment of the token cheque, the buyer cannot take the matter for granted and cannot even take any legal recourse against ...ReadMore

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icon DIFFERENCE IN RERA BY CENTRAL GOVT AND STATE GOVT

Can the provisions in a state govt's RERA be at variations from the provisions of RERA made by central govt ? Are they legally allowed ?


A. Dear Client,
The provisions of the Real Estate(Regulation and Development) Act, 2016 is a central Act uniformly applicable to all states across the country. The State Governments are empowered under the said Act to make the rules to implement the said central Act in the respective states. The State Governments neither amend the provision of the Central Act nor make rules contrary to the provision of the Central Act.

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icon Builder not refunding the booking amount on house cancellation in Mumbai

I had booked an under construction property on 09-Dec-2023 by paying token amount of 3 lacs. On that builder builder got an application signed which dictated terms and conditions of forfeit of the amo


A. Dear Client,
The RERA empowers the homebuyer to cancel an allotment of the apartment booked with a builder at any stage even if there is no default on the part of the developer. It binds the builder to return the money collected from the buyers within 45 days of such cancellation after deducting the booking amount. Without an agreement to sell, the builder can accept up to 10% of the amount of cost of the flat as booking money and if you cancel the booking without the builder's fault, the builde ...ReadMore

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icon E-Khata

Developer has made a layout and it’s not registered or approved layout either by local authority or BMRDA, and also it’s DC converted for residential or layout purposes is this what it states in d


A. Dear Client,
Purchasing a property involves considering various legal aspects, and in this scenario, the situation appears complex. The fact that the layout is not registered or approved by local authorities raises concerns about its adherence to legal norms. Additionally, if the property cannot be registered due to Form 11B status mentioned in the E-Swathu portal and the division of a single survey number into multiple plots in a panchayat, it adds further complications.
It is highly recommende ...ReadMore

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icon Capital Gains Tax for senior citizens on sale of inherited property

Does a senior citizen (68 years) need to pay capital gains tax on the sale of inherited property (sold within two years of court-mandated partition) if their income has been less than Rs. 3 Lacs in th

1 Response(s)

2 months ago


A. Dear client,

A senior citizen who is above 60 is exempted with an annual income of Rs 3 lakh or those aged 80 years or older with a yearly income of Rs 5 lakh will not be subject to capital gains tax as per the Income Tax Act, 1961. When you receive an inherited property, you will not be liable to pay tax. First of all, an individual inheriting property from their ancestors is not subject to taxes at the time of inheritance. There is now no tax on that. The tax liability of the sold-out ancest ...ReadMore

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icon Distance of building from boundary wall

There is a SRA building being constructed next to our building boundary wall, and the building is less than 1 feet distance from the wall. This building is in Chembur west, Mumbai, India. Is this buil

1 Response(s)

2 months ago


A. Dear Client,
The legality of the SRA (Slum Rehabilitation Authority) building's construction near your boundary wall may be subject to local municipal regulations and building codes. In Mumbai, the Municipal Corporation of Greater Mumbai (MCGM) plays a crucial role in overseeing construction activities. You can check the MCGM's official website or visit their local office to access building regulations and guidelines specific to Chembur West.

The distance between buildings is often regulated to ...ReadMore

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icon Buying property from muslim women

Can i buy a property whose owner is a muslim women. Property transferred on her name after her husband death. She is having 5 children.

2 Response(s)

2 months ago


A. Dear Client,
A husband (in the case of succession to the wife's estate) takes a half share in a case where the couple is without lineal descendants, and a one-fourth share otherwise. A sole daughter takes a half share. Where the deceased has left behind more than one daughter, all daughters jointly take two-thirds. Therefore a Muslim women can dispose off her share only.
Thankyou

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