Question Regarding Token For Property
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
2 months ago
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
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 ?
2 months ago
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.
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
2 months ago
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
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
2 months ago
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
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
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
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
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
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 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
Procedure to take Agriculture land on lease in Mumbai Maharashtra
How can , I take Agriculture Land on lease in Mumbai Maharashtra.?
2 months ago
A. Dear Client,
The Maharashtra Agricultural Land Leasing Bill, introduced in 2017, draws inspiration from the Model Agricultural Land Leasing Act and aims to address issues within the Maharashtra Tenancy and Agricultural Lands Act, 1948 (MTAL). This bill empowers farmers to lease their land to other farmers, agri-business firms, and government agencies for a mutually agreed-upon period. It incorporates provisions for dispute resolution and compensation in case of conflicts between the landowner an ...ReadMore
Redevlopment problem
I am living at BIT chawl, Mumbai Central 40 0008.In 2006 one builder Bhavani Construction came to our area for re development. He appointed youth of area as a agent and collect consent of residence by
2 months ago
A. Dear Client,
In a sequence of formal and informal incidents with their corresponding outcomes, specific inquiries are addressed. If a meeting is convened in accordance with the Society's Bylaws, as a member, attendance is expected. If the meeting reaches quorum and passes a resolution with a majority vote from present members, you must comply with the resolution, even if you were absent. Regarding not attending the meeting, the response aligns with the explanation given for query number one. As ...ReadMore
Purchase of land from SC-ST in Uttar pradesh
I bought the property with proper registry and transfer of title for the particular plot in 2017 from SC/ST which was having 143 approval from SDM. Is there any issue ? Is there any other legal formal
2 months ago
A. Dear client,
As per Section 42 of the SC/ST Act, you are not legally allowed to buy property from people belonging to the SC/ST community unless there is proper approval beforehand. You can acquire SC land with authorization from the district magistrate or the collector.
Section 143 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 provides authorisation to the Sub-Divisional Magistrate (SDM)/Assistant Collector of a region to change the type and nature of any plot from agr ...ReadMore
