Sadhana Bande
Questions Asked
Taxes & Duties
#buying#flat#registered#agreement#deposit
I am thinking of buying a flat that is in the builder's name as the seller hasn't registered it on his name. The seller has been living in the US for the past 4 years. Now, I am willing to buy this flat under a tripartite agreement and deposit the money in the seller's local account. I want to know if there will be any issue over the Section 195 IT Act later as the seller is stating himself as a non-NRI?
I am thinking of buying a flat that is in the builder's name as the seller hasn't registered it on his name. The seller has been living in the US for the past 4 years. Now, I am willing to buy this flat under a tripartite agreement and deposit the money in the seller's local account. I want to know if there will be any issue over the Section 195 IT Act later as the seller is stating himself as a non-NRI?
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Answered on November 08, 2017
The sellers claim that he is a non-resident will not suffice. Residential status has to be detemined as per provisions of section 6 of the of Income Tax Act.
Non Residential status: As per the provision
i) if a person stays in India for less than 182 days in current year then he will be treated as a Non resident in India.
ii) if a persons stay in India for more than 60 days but less than... (View more)
Non Residential status: As per the provision
i) if a person stays in India for less than 182 days in current year then he will be treated as a Non resident in India.
ii) if a persons stay in India for more than 60 days but less than... (View more)
Regulations
#city
How can we ascertain whether a prpoerty in mumbai city limits comes under Estate or not?
How can we ascertain whether a prpoerty in mumbai city limits comes under Estate or not?
Answered on November 08, 2017
The Development Plan Remarks (SRDP 1991) Remakrs would specify so and also mention to take Estate Remarks, additionally the PRC would also metion Land Holding by Estate Department in Revenue Document and Also would be visible in Title Documents.
Redevelopment
#process#consent
Is there a need for a consent from all the members to undertake the redevelopment process? Is there an alternate way if some members are delaying the consent?
Is there a need for a consent from all the members to undertake the redevelopment process? Is there an alternate way if some members are delaying the consent?
Answered on November 08, 2017
It is always preferable to have unanimous decision on redevelopment otherwise atleast 70% member should give consent for the redevelopment. It is necessary for the society to follow directive laid out by the State Goverment under section 79(A) of Maharashtra Co-operative Societies Act, 1960. After following a due process of redevelopment as per the directive one can take a legal route to resolv...
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Purchase & Sales
#agreements#documents#ownership
Is registeration of Sale agreements/ documents of ownership flats a compulsion? If yes, why?
Is registeration of Sale agreements/ documents of ownership flats a compulsion? If yes, why?
Answered on November 08, 2017
It is absolutely required to prove title to a property, also acts as a proof of ownership in a property in court of law and is used by banks while giving out home loans
Answered on November 08, 2017
All such details have been provided in the modern bye laws of a Co-operative Society.
RERA
#registration#builder
In a situation where RERA neither grants nor rejects registration, what can a builder do?
In a situation where RERA neither grants nor rejects registration, what can a builder do?
Aahwaana Ramesh
40 Answered
Answered on November 08, 2017
An application not given any verdict by RERA is deemed to have been accepted if there is no response from RERA in 30 days from date of filiing of all required documents
Dhvanil Vakharia,Design Engineer
31 Answered
Answered on November 08, 2017
( Source : maharera.mahaonline.gov.in) As per Regulation 24 of Maharashtra Real Estate Regulatory Authority (General) Regulations 2017, for adjudication proceedings with respect to complaints filed, MahaRERA may, by order, direct that specific matters or issues be heard and ...
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Architecture & Interiors
#appartment#society#policy
I have purchased a new appartment and all the rooms have French Windows without any safetyl grills. What is the best modification available in this situation as the society has a strict no grill policy?
I have purchased a new appartment and all the rooms have French Windows without any safetyl grills. What is the best modification available in this situation as the society has a strict no grill policy?
Answered on November 08, 2017
I admire your society has a strict no grill policy. For any full height window you essentially need protection for children, which can be achieved by simple railings up to about 36" to 42", made out of steel/ wood/aluminim/ glass depending upon overall decor and budget. A gap between railing and window of about 6" will also help in creating space for curtains and discourages children to lean over.
Legal
#property#possession
Our grandfather made a will and has gave two-thirds of the property to us and rest to our sisters. They have already taken possession of their part. Can we take the part in our name under our possession even if our grandfather is alive?
Our grandfather made a will and has gave two-thirds of the property to us and rest to our sisters. They have already taken possession of their part. Can we take the part in our name under our possession even if our grandfather is alive?
This question has not been answered
Legal
#property#involved#aware
Do property laws in India safeguard the parties involved? Are individuals generally aware of their rights?
Do property laws in India safeguard the parties involved? Are individuals generally aware of their rights?
This question has not been answered
Legal
#documents#co-operative#society#provide#buyer
What are the documents that a Co-operative Housing Society should provide a buyer with, at the time of selling a house?
What are the documents that a Co-operative Housing Society should provide a buyer with, at the time of selling a house?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
No objection certificate inter alia certifying that the member selling the flat has no dues and that the society has no objection for the sale by such member.
Legal
#society#redevelopment#developer#society#bring
Our society will soon be undergoing redevelopment, for which we have appointed a developer. Society needs to conduct an EGM in order to bring forward the essential updates in front of the society members. I have been sending written letter to the Chairman of our society requesting him to conduct the EGM meeting at the earliest. Even after sending him 3 letter dated 8.12.2012, 15.12.2012 and 22.12.2012 he has not conducted the meeting yet. We have decided to write to the registrar regarding the same. Kindly advice the course of action for the same.
Our society will soon be undergoing redevelopment, for which we have appointed a developer. Society needs to conduct an EGM in order to bring forward the essential updates in front of the society members. I have been sending written letter to the Chairman of our society requesting him to conduct the EGM meeting at the earliest. Even after sending him 3 letter dated 8.12.2012, 15.12.2012 and 22.12.2012 he has not conducted the meeting yet. We have decided to write to the registrar regarding the same. Kindly advice the course of action for the same.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You can complaint to the Registrar of Co-operative Societies for the failure of your society's managing committee to conduct EGM of 1/4th of the total number of members of your society and can make a requisition in writing to the societies managing commitee to call for such EGM, failing which the members themselves shall be entitled to call for such meeting.
Legal
#mumbai#land#transferred#procedure
Shanti is 66 years old lady residing in Mumbai with her son since 2001, where she moved after her husband's demise in the same year. The land and house in her husband's name was not transferred to her. She wants to know the procedure of transferring the house in her name?
Shanti is 66 years old lady residing in Mumbai with her son since 2001, where she moved after her husband's demise in the same year. The land and house in her husband's name was not transferred to her. She wants to know the procedure of transferring the house in her name?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
She can apply for letters of administration from a court of competent civil juisdiction and thereafter seek transfer of the house in her name from the competent authorities. .
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