Results for #Delhi
Legal
#impact#delhi#process#property
I am planning to get an Australian citizenship, for which I would have to surrender my Indian passport for the same. Will this have any impact in my properties in Delhi? Is there any documentation for this process? and more importantly, my family would also have an Australian citizenship, so will they be able to use the property?
I am planning to get an Australian citizenship, for which I would have to surrender my Indian passport for the same. Will this have any impact in my properties in Delhi? Is there any documentation for this process? and more importantly, my family would also have an Australian citizenship, so will they be able to use the property?
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Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
It would have no difference on your title to the properties as you would be entitled to retain the same being a Person of Indian Origin and also since you acquired the same when you were Indian citizen.
Legal
#flat#delhi#builder#owner#construction
I purchased a new flat in Laxmi Nagar in Delhi about four years ago. The building has nine flats now, three on each floor. The builder has only sold three out of the nine flats. I have multiple questions. Is it legal for the 4th floor owner to expand the construction? Also, do this without he approval of the flat owners. All the flat has car parkings along with the flat but the building only has enough space to park four cars. Also, can the builder sell parking space legally?
I purchased a new flat in Laxmi Nagar in Delhi about four years ago. The building has nine flats now, three on each floor. The builder has only sold three out of the nine flats. I have multiple questions. Is it legal for the 4th floor owner to expand the construction? Also, do this without he approval of the flat owners. All the flat has car parkings along with the flat but the building only has enough space to park four cars. Also, can the builder sell parking space legally?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
As per the provisions of ownership of Flats Act and several judgments of the Supreme Court, the plans once sanctioned and disclosed to the flat purchasers, cannot be changed without their consent. Similarly, open car parking spaces cannot be sold by the developer and the same is a common aminity for enjoyment of all the flat purchaser.
Legal
#bangalore#construction#delhi#builder#applicable
I have purchased an apartment in Bangalore, which is still under construction. Recently, Delhi High Court ordered Service Tax Exemption for under construction properties. When I asked my builder regarding the same, he said it is not applicable to the properties in Bangalore so I asked him for a justification which he will give me soon. I want your opinion in knowing if this is possible.
I have purchased an apartment in Bangalore, which is still under construction. Recently, Delhi High Court ordered Service Tax Exemption for under construction properties. When I asked my builder regarding the same, he said it is not applicable to the properties in Bangalore so I asked him for a justification which he will give me soon. I want your opinion in knowing if this is possible.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The order passed by the Delhi High Court would not apply to properties located in Bangalore, unless similar orders are passed by the Kartanaka High Court or the Supreme Court for properties located in Bangalore.
Legal
#residential#property#delhi#ownership#transferred
I own a residential property in Delhi on a shared ownership basis. I have the first floor while the other two have the ground and the second floor respectively. I have been transferred out of Delhi and will take my family along with me, I wish to rent out this flat. I just want to know if I can do that, and will the other owners get a share from the rent?
I own a residential property in Delhi on a shared ownership basis. I have the first floor while the other two have the ground and the second floor respectively. I have been transferred out of Delhi and will take my family along with me, I wish to rent out this flat. I just want to know if I can do that, and will the other owners get a share from the rent?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If the terms of your shared ownership of the property record that the entire first floor premises belongs to you then you would not be required to share the rental proceeds with the other co-owners.
Legal
#nri#gifted#flat#delhi#registered
I am an NRI. My wife was gifted a flat in South Delhi by our in-laws during our wedding. This flat although is registered in my mother in laws name. Now I wish to transfer it to my wife's name with a goal of renting it and earning some money out of it. How can I get it transferred?
I am an NRI. My wife was gifted a flat in South Delhi by our in-laws during our wedding. This flat although is registered in my mother in laws name. Now I wish to transfer it to my wife's name with a goal of renting it and earning some money out of it. How can I get it transferred?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Your mother in law can gift the same to your wife by way of a Gift Deed which will attract minimum stamp duty.
Legal
#ram#flat#delhi#registered#duly
Ram purchased a free hold DDA flat in Delhi in 1999. He got it registered jointly in his and his wife's name by duly paying stamp duty. Does he need to get mutation done in his name? If yes what would be the procedure?
Ram purchased a free hold DDA flat in Delhi in 1999. He got it registered jointly in his and his wife's name by duly paying stamp duty. Does he need to get mutation done in his name? If yes what would be the procedure?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Mutation entries are largely in respect of land and not flats unless the land beneath the flat has also been sold to the purchaser.
Legal
#delhi#registering
I have a plot on GPA in an unauthorized colony in Delhi. As per the latest news, it says the unauthorized colonies have to be regularized at the earliest. How do I go about registering my colony?
I have a plot on GPA in an unauthorized colony in Delhi. As per the latest news, it says the unauthorized colonies have to be regularized at the earliest. How do I go about registering my colony?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
It would depend on the circular/ notification issued by the Delhi Government in connection with unauthorised colonies.
Legal
#procedure#property#delhi#attorney
Is there a procedure to get new property papers made from the photocopy of the papers? The original papers have gone missing. This is about my house in Delhi that is in the name of my late father. Also, the property is on the power of attorney basis.
Is there a procedure to get new property papers made from the photocopy of the papers? The original papers have gone missing. This is about my house in Delhi that is in the name of my late father. Also, the property is on the power of attorney basis.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If the Power of Attorney is registered, then you can apply for a certified copy of the same from the Sub-registrar of Assurances and can also make a offical police complaint to record the loss of the original POA. This alone can be your title document and no new document can be prepared based on the photocopy of the Original POA, unless the Grantor under the POA agrees to execute a fresh POA in...
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Legal
#landlord#tenant#rent#delhi
What would be the ideal time for a landlord to give the tenant a notice about his intention to increase the rent according to the Delhi Rent Control Act, 1958.
What would be the ideal time for a landlord to give the tenant a notice about his intention to increase the rent according to the Delhi Rent Control Act, 1958.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
30 days is the required time for giving such notice.
