Dhiren Shah

Advocate & Solicitor
A practising Solicitor with over 15 years of experience in Litigation and Non-Litigation matters and specialising in property and real estate related laws, he has also been a Counsel for the Government of India in the High Court of Bombay and has handled numerous important matters on behalf of the Central Government

Answers

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Answered on November 09, 2017
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  • Leave and License is the safest way to let out a residential flat. Mostly all states have a competent authority to go to for violation of the terms of the leave and license and/or for eviction. So u dont have to go to Court. If Leave and License if for a period over 5 yeaars, then its treated as a Lease and thus requiring to go through a civil court to redress griviances, which is time consuming. 
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    Answered on November 09, 2017
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  • Normally Owner or the lessor as the case may be would not permit sub letting the premises.

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    Answered on November 09, 2017
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  • Question is vague. Mortgagee would have possession only of Mortgagor has not cleared dues/loan. WOuld all depend on terms of the Mortgage.

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    Answered on November 09, 2017
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  • One has to look at the terms of the rental/lease agreement. Standard practise is to give 1/3 months notice period before vacating. If there is no such provision in the agreement then one can stop paying rent after vacating the house.

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    Answered on November 09, 2017
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  • Yes, it freezes the rent to a large extent and does not permit Landlord to increase rent arbitrarily. Plus it also provides protection against unjust eviction.

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    Answered on November 09, 2017
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  • For non payment of lease rent and for violation of the terms of the lease.

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    Answered on November 09, 2017
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  • Lease agreement can be terminated only if lessee has violated terms and condition of the agreement. Lease can be terminated by giving a notice in writing to that effect.

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    Answered on November 09, 2017
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  • No, mere payment of rent will not tentamount to renewal, for the renewal of the lease agreement one has to registered the lease agreement with the office of the sub registrar

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    Answered on November 09, 2017
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  • Suit for eviciton can be filed only if Lease is terminated. The outcome of the Suit will be dependent on whether the Lease has been validly terminated and for just reasons.

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    Answered on November 09, 2017
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  • One can place an ad in the newspaper or refer to various online portals available to find properties available on rent.


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    Answered on November 09, 2017
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  • Lease is governed under the provisions of the Transfer of Property Act. Tenancy if governed under the relevant State Rent Statutes.

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    Answered on November 09, 2017
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  • It will depend on the terms of the Business Conducting Agreement. If possession is granted to the party, then eviction of the party will be only through a Suit in a civil Court. Leave and License is better.

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    Answered on November 09, 2017
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  • Tenancy at Will is a vague concept. It will depend on facts of each case. Tenancy usually entials payment of rent to the Landlord.


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    Answered on November 09, 2017
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  • No, tenancy can't be alienated. it goes back to the owner after death of a tenant if no one is staying with the tenant. Owner can transfer the tenancy in the name of a spouse or a son living with the demised person.

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    Answered on November 09, 2017
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  • A debutter is an endowment much less a trust although it can be created through the medium of trust in which the property vests in the trustees and the deity /God is the beneficiary. Not necessary that debutter be always a registered deed.

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    Answered on November 09, 2017
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  • Detailed information for the same can be found here. http://www.incometaxindia.gov.in/Acts/Transfer%20of%20Property%20Act,%201882/102120000000008804.htm

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    Answered on November 09, 2017
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  • Are these people occupying properties on rental through Pagdi, by way of Lease agreements or forcefully? In case of pagdi system, it will be difficult process as they will be protected under rent control act. In case of forceful occupation or lease agreements one can take help of a lawyer and file a suit for eviction.

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    Answered on November 09, 2017
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  • No, the law does not permit forcible eviction. Eviction can be done only by following due process of law.


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    Answered on November 09, 2017
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  • Ideal way is to either give an advertisement in local news paper or inform brokers dealing in rentals about the availibility of an office premises on rental.

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    Answered on November 09, 2017
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  • If a person staying on rental (pagdi)/MOnthly tenancy basis then he is protected under rent control act. However, Property let out on leave and license basis prior to February 1973 to a Licensee, are since February 1973 treated a Deemed Tenant instead of Licensee, by virtue of an amendment to the Rent Act.

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    Answered on November 09, 2017
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  • Any property which is leasedwould be governed by the Transfer of Property Act and property let on monthly tenancy basis would be governed by Rent Control Act.


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    Answered on November 09, 2017
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  • Refer to : (1) clause of 'lock in period'in your agreement, if it permits, you may send due notice to your tenant for vacating the premises. (2) If the tenant is not maintaining your premises as required by him/her, you may send him/her notice to vacate the premises.

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    Answered on November 09, 2017
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  • An instrument creating a lease of immovable property for a term of one year and above is required compulsorily to be registered by virtue of provisions of Section 17 (d) of the Indian Registration Act. Therefore, Leave & License Agreements were being executed for a period of 11 months with the intention to avoid the stamping and registration of such agreements and treating such agreements as a ...
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    Answered on November 09, 2017
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  • It is a very subjective question that can be answered on a case to case basis. Are you looking to buy and lease a flat in a distant suburb of mumbai just as an investment, but prefer that you are close to work and want to rent another property there ? Or are you planning to ensure that rental income of one place is used to offset the other. There are too many reasons why this may or not may not...
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    Answered on November 09, 2017
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  • It is safe if following steps are adhered to: 1. Check the background of the proposed tenant; 2) Prepare an Agreement with clauses for: (a) Licence fees, (b) Deposits, (c) Recurring charges like electricity, phone bills etc. to be borne by?, (d)Terms: like rental payments due dates, renewal of term etc., (e) Lock in period, (f) Termination, (g) liquidated damages, (h) To establish complete righ...
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    Answered on November 09, 2017
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  • You have to file a suit and get an injunction against the developer from creating third party rights in respect of the offices sold to you and further that any agreement done by him in favour of a third party would be subject to your rights in the offices. Further, unless you are able to prove payments made in cash (if the same is disputed by your builder) then seeking compensation to that exte...
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    Answered on November 09, 2017
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  • As per the law laid down by the Supreme Court, on change of a developer in view of termination of the development rights granted to the old developer, the purchasers from such old developer would not have any claims in respect of the flats against the Society and the New Developer. You can however claim refund of monies with interest from the Old Developer. The above would however be subject to...
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    Answered on November 09, 2017
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  • She can seek Letters of Adminsitration from a court of competent civil jurisdicition, if her father has died intestate i.e. without leaving any Will.

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    Answered on November 09, 2017
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  • There are two tax slabs, short term gains and long term gains i.e. 20% and 10% respectively.



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    Answered on November 09, 2017
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  • Yes, if you are an Indian National, then you could execute such Power of Attorney before the Indian Emabassy and forward the same here for adjudication and payment of stamp duty.


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    Answered on November 09, 2017
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  • Yes a Will can be revoked by making a furhter Will or merely reevoking the earlier Will vide a writing etc.,

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    Answered on November 09, 2017
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  • Occupation Certificate is given to the Building and that means that the building is constructed in accordance with the approved plans and is habitable to reside with all essential amentities i.e. water, lift etc.,

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    Answered on November 09, 2017
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  • You will require an NOC ffrom the bank prior to buying such property. You can make payment of the balance dues of the bank from the agreed value of the flat to the Bank directly and thereupon you can also get the originals of the flat from the bank. The original documents of the Flat will not be required at the time of registration of your agreement/sale deed.


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    Answered on November 09, 2017
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  • Question is vague and would depend on when you brought the property and what is the capital gains that you have made from sale of such property.

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    Answered on November 09, 2017
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  • Your sister would have to consent to the transfer of the property in your name and you can seek letters of adminsitration form a court of competent civil jurisdiction to permit you to administer the property and thereafter to transfer the same to your name with the consent of your sister.

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    Answered on November 09, 2017
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  • Yes, you can challenge the gift deed and also file a suit for partition to claim your share in the property and if the Gift Deed affects your share in the ancestral property.


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    Answered on November 09, 2017
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  • Question is vague, if Y is residing in the proeprty on tenancy basis, then he cannot claim ownership, however if he is residing there as owner and X has not done anything about the same, then Y can file a suit to be declared owner, by way of being in adverse possession.



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    Answered on November 09, 2017
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  • No harm in buying property in the manner suggested by you. There would not be captial tax implications if the property you intend to be is residential property and if all gains from selling of the earlier property are invested in buying of the new residential property .

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    Answered on November 09, 2017
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  • Undivided interest in the property can be gifted, subject however that the same is not a residential house and is not given to a person who is not a family member.

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    Answered on November 09, 2017
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  • The Service Tax amount and VAT would depend on the market value of the flat/ agreement value and similarly the stamp duty would also depend on the ready reckoner value of the flat at the time of such purchase or the agreement value whichever is higher. Registration Fees is 1% of market value of flat or Rs.30,000/- whichever is lower.

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    Answered on November 09, 2017
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  • Depending on the religion the sellers follow, they would have to apply for leave from a court of competent jurusiction, before the minor's share in the proeprty can be sold to you. If such leave is obtained, then there is no harm in acquiring the minor's share in the property.



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    Answered on November 09, 2017
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  • You could gift the Flat to your daughter, if your two sons agree and can join them as confirming parties in such gift deed. However, if they object for such gifting of the flat in view of their having paid monies to you for acquiring the flat, then it will depend on whether such monies were given as loan or whether the same were paid to the seller at the time of acquiring such flat.

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    Answered on November 09, 2017
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  • Depends on the terms of the Franchise Agreement. Usually, the same is done by giving written notice to the other side.


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    Answered on November 09, 2017
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  • All legal heirs of the grandfather will be entitled to their shares in the property depending on the religion you follow, the share of the elder son who has expired will devolve on his heirs.

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    Answered on November 09, 2017
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  • You can complaint udner the provisions of the RERA and ask for damages/compensation for delay in handing over possession.




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    Answered on November 09, 2017
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  • You can acquire such property only through your natural or legal guardian, as minors below age of 18 years are not competent to enter into a valid contract.

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    Answered on November 09, 2017
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  • Deductions qua interest are limited, if your payment towards interest is more than the stipulated limited permitted under the IT rules, then that much amount will be disallowed whilst computing your income and further, you will be charged notional rent as income from the second flat (on and from receipt of possession of the second flat), even if the same is not rented out then.





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    Answered on November 09, 2017
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  • You can execute a power of attorney in favour of any of your family member to execute and register such gift deed. The power of attorney can be executed by you before the Indian Embassy in New Zeland and thereafter forwarded to India to pay stamp duty thereon post adjudication.





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    Answered on November 09, 2017
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  • The open car parking would belong to the society/ organisation of apartment owners in common and they alone will be entitled to decide as to who gets to use such open car parking space.


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    Answered on November 09, 2017
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  • It would depend on the value of the flat, loan against property can be availed from any bank and/or financial institution and which amount can be utilised to pay off the first loan.





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    Answered on November 09, 2017
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  • The property will devolve on all the legal heirs of your father in accordance with the laws of intested succession depending on the religion you follow.


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    Answered on November 09, 2017
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  • A tenant having bonafide reasons for not occupying the tenanted premises can seek protection of the provisions of the Rent Act on that ground in any suit filed by the landlord on the grounf of non-occupation.

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    Answered on November 09, 2017
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  • A person of Indian origin is entitled to hold property in India however, the repatriation of funds on sale of a property in India to abroad would depend on the relevant foreign exchange regulations in that regard.



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    Answered on November 09, 2017
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  • 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.


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    Answered on November 09, 2017
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  • Usually, the loan depends on the availibility of the person seeking such loan to repay the same. However, security of the land, the market trend is to give 60-70% of the land value as loan.


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    Answered on November 09, 2017
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  • A married daugther can seek partition of the HUF as the distinction for rights granted to married daughters has since been abolished from the year 2006.

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    Answered on November 09, 2017
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  • It would all depend on the terms of the agreement executed between you and the builder, however if you have agreed to revenue share in the development of the plot, then merely because the developer is building the adjoining plot also the same would not affect your share from the transaction.

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    Answered on November 09, 2017
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  • Registration was always a requirement even in 1986 and as such if the transaction relating to the plot has not been registered and if the owner is not co-operating for registration now, the only option is to file a suit before a competent civil court for declaration of title to the plot.

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    Answered on November 09, 2017
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  • Question is vague. A co-parcener is a member of an HUF and a member is usually a conotation for being a member of a Co-operative society etc.

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    Answered on November 09, 2017
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  • If the family settlement records transfer of property from name of one person to another then the same would attract stamp duty. If the properties had been acquired from joint family funds then the stamp duty can be minimized on that account.




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    Answered on November 09, 2017
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  • Nomination does not bestow title and as such the title to the property will be governed by the relevant laws of succession depending upon your religion. However, all legal heirs can together execute a family arrangement interse deciding to share the proceeds from the sale of the flat in such manner as they may deem fit.

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    Answered on November 09, 2017
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  • Indian citizens are permitted to acquire property in Nepal. However, prior to such purchase it is better that you consult a local lawyer in Nepal for the same and investigate the title of the property there.


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    Answered on November 09, 2017
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  • If the flat has been sold to someone before you vide a registered agreement then such person would have a prior claim on the flat then you and you would be entitled to claim refund and damages from the developer.




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    Answered on November 09, 2017
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  • The landlord can file a suit against the tenant for failure to pay the monthly rent and the quantum of rent is of no significance.

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    Answered on November 09, 2017
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  • You can file a suit for seeking possession of the flat or in the alternative approach the authority under RERA seeking compensation for delay in handing over possesion of the flat and also for possesion of the same.




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    Answered on November 09, 2017
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  • You can file a suit or writ petition against BDA from interfering with your possession of the property and to restrain them from taking over the possession of the property without following due process of law or in the alternative you can file a suit on the basis of your title before the civil court in Bangalore.




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    Answered on November 09, 2017
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  • No, the Bank will not be entitled to stop registration of the release deed, however, the bank will be entitled to obtian a decree/ order against you in your capacity as guarantor for the loan in question and seek sale of your flat for repayment of the loan.

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    Answered on November 09, 2017
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  • A power of attorney executed without consideration becomes redundant on the death of grantor and the flat would belong to the legal heirs of the party in the event of his/her having died intestate.

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    Answered on November 09, 2017
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  • You can enter into a tripartite agreement with the developer inter alia in respect of the flat and which tripartite agreement could also be the sale deed which can be executed prior to the completion of the construction of the property or in the alternative an agreement can be made between the husband and wife whereunder the husband transfers a proportionate undivided interest in the flat in fa...
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    Answered on November 09, 2017
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  • You have to ensure that the developer has a good reputation in market and has delivered on his past commitment and further the terms and conditions agreed between and the developer should be expessly set out in the Agreement executed by you with the developers and should also provide for consequence for breach and/or default by the developer. You should engage the services of an Advocate for th...
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    Answered on November 09, 2017
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  • The repatriation of funds realised from sale of property in India to Canada would depend on the relevant provisions relating to regulation of foreign exchange and would also require permission from the Reserve Bank of India.

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    Answered on November 09, 2017
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  • The non-registration of the rental agreement does not render the Agreement as invalid, however, in the event of a litigation, the non-registration of the agreement could effect the admisibility of the same in evidence.

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    Answered on November 09, 2017
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  • 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.


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    Answered on November 09, 2017
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  • Financial circumstances of the legal heirs is of no relevance while distributing the assets of the father if he dies intestate.