Results for #process
Legal
#aunt#nri#process#poa#sell
Hi, we have a house which is joint-owned by my mother and my aunt who is a NRI. I wanted to know the process where my aunt can give POA to my mother, so that my mother can sell it.
Hi, we have a house which is joint-owned by my mother and my aunt who is a NRI. I wanted to know the process where my aunt can give POA to my mother, so that my mother can sell it.
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Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Your aunt can execute a power of attorney before the Indian Embasy in the country where she resides and thereafter forward such power of attorney to your mother and who in turn can then have such POA adjudicated and pay stamp duty thereon and further have the same notarise before a notary public.
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?
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
#nri#purchase#process#buying#property
What is the process of buying a property if you are an NRI?
What is the process of buying a property if you are an NRI?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The process for buying of properties by an NRI is same as that for resident Indians. The procedure for foreign nationals is differnet and requires permission of the RBI.
Regulations
#society#process#redevelopment#builder#provide
Our society is currently in the process of going for redevelopment. Does the builder need to provide entire 35% fungible FSI to us or they can use it for their sale?
Our society is currently in the process of going for redevelopment. Does the builder need to provide entire 35% fungible FSI to us or they can use it for their sale?
Answered on November 08, 2017
As per Regulation the Fungible for Rehab isFree to the extent of 35% of their existing area and canot be used for Sale. However Legally areas can be sold and a way be deviced to do so
Legal
#registration#process#buying#flat#society
Am I needed to do a fresh registration process for buying off my share from a flat that I own with my brother? Here, I am the primary member and my brother is the associate member of the society.
Am I needed to do a fresh registration process for buying off my share from a flat that I own with my brother? Here, I am the primary member and my brother is the associate member of the society.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Yes, you will have to execute a fresh agreement for the share held by your brother as any transaction for immoveable property having value above Rs.100/- is required to be registered.
Legal
#flat#payment#agreement#avoid#selling
I jointly own a flat along with my brothers. I have done the complete payment for this flat and now I wish to take their name off the agreement to avoid the requirement of their signature when selling the flat. Please suggest a feasible process for the same.
I jointly own a flat along with my brothers. I have done the complete payment for this flat and now I wish to take their name off the agreement to avoid the requirement of their signature when selling the flat. Please suggest a feasible process for the same.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You can get the flat transferred to your name by asking your brother to sign a release deed in your favour. In Maharashtra, a Release Deed executed without consideration, is required to be stamped for Rs.200/- only. The Release Deed will however have to be registered.
Legal
#owners#single#ownership#exchange#process
I have 2 flats, both with different owners. One is a single ownership and the other one is a joint ownership. We want to exchange the ownership, is it possible? What is the process?
I have 2 flats, both with different owners. One is a single ownership and the other one is a joint ownership. We want to exchange the ownership, is it possible? What is the process?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You can exchange the ownership to the Flats by executing an Exchange Deed and all parties holding the two properties would have to be agreeable to such exchange. If the properties are of equal value, then no other consideration would have to be paid in connection for such exchange, however if one property is valuable than the other, then the exchange deed should record that additional considera...
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Legal
#nri#vacate#lease#process
I am an NRI and I wanted to know if I vacate my house which I had given on lease to an individual, the person has requested to extend the lease for more than once now. Also, is there is a fast track process for this in case of NRIs? Please let me know.
I am an NRI and I wanted to know if I vacate my house which I had given on lease to an individual, the person has requested to extend the lease for more than once now. Also, is there is a fast track process for this in case of NRIs? Please let me know.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Under the provisions of the Maharashtra Rent Control Act, 1999, a sepcial authority has been constituted to deal with the cases relating to disputes between a licensor and licensee in respect of residential properties with a mandate to decide such cases within a period of 6 months.
Legal
#flat#bangalore#owner#attorney#relatives
Hi, I am planning to buy a flat in Bangalore but the owner of this flat is in US and he has given the Power of Attorney to his relatives. I wanted to know how safe is it to buy a flat in this scenario since the POA of this flat was made in New York's Indian Embassy. Does the owner have to locally register the POA here in India before executing the process of transfer and what will be the registration amount?
Hi, I am planning to buy a flat in Bangalore but the owner of this flat is in US and he has given the Power of Attorney to his relatives. I wanted to know how safe is it to buy a flat in this scenario since the POA of this flat was made in New York's Indian Embassy. Does the owner have to locally register the POA here in India before executing the process of transfer and what will be the registration amount?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
A power of attorey executed before the Indian Embassy in USA in a manner recognised in law and forwarded to India and duly adjudicated and stamped can be lawfully used to transfer the flat.
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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