Legal questions on Property Law

Under const. flat buy before 1-april-19 builder is not giving ITC benefit & not ready to take 1% GST

Dear Sir, I have bought the Under construction flat in July 2018 under affordable housing at 8% GST. At that time we were not knowing about ITC(Input tax credit) builder also not told us about that. Now in April when government stopped the ITC and put the 1% GST for affordable houses we got to know about the ITC. As builder was not giving the ITC benefit previously we asked him to pass the...

Landlord refusing to return the advance amount

I moved from chennai to hyderabad on the 27th of April and had rented an apartment from the 27th .The rent was 16000 and i paid an advance amount of 32000 (2 months rent). But when i reached hyderabad and was ready to move in the owner told me that the apartment community was dealing with a broken sump and repair work was in progress due to which water availability was restricted till the 1st o...

Dispute for transfer of property

Hello, My father passed away recently. My brother and his family lives in the flat of owned by my father in Mumbai. I live in UK. Due to some family dispute, my brother is not willing to transfer the flat to according to the nomination form submitted to the society. My brother was responsible to pay maintenance dues to the society but he failed to pay the dues for past 6 months because of th...

RWA coercing to become a member where maintenance charges are still being paid to builder

I am an apartment owner at Verandas, Sector 54, Gurgaon I am paying all maintenance charges being charged by the builder (who has not yet handed over the day to day maintenance to the RWA) However, I am continuously being harassed by the RWA, who is trying to coerce me to become their member and pay arbitrary and unnecessary charges (including charges for electric cable maintenance, etc) ...

Issue on rights to ancestral property

We had a house of our grandmother, who wanted it to be divided equally in the name of her 5 sons. Before the death of the grandmother, a will was made in the name of eldest son who was supposed to carry out her wish of division of the property. Unfortunately the eldest son died in 2003 leaving his kins( a son and a daughter) the legal heir of the property. In March 2009 the younger son of my gr...

Water Charges under Cooperative society Act

I have an unoccupied flat which is under renovation. The society has been calling for Water Tankers on need base due to acute shortage of water. Moreover there is no supply of water for almost 8-10 hours during the day . Apparently that is the time when my carpenters etc. are at work . Because of negligence of my carpenters , there were instances that one of the tap was left open and there wa...

Deemed Conveyance - Transfer of Property Card

The conveyance of the cooperative housing society has not been executed. The society was registered in 1974. Property card still has owners name & was not transferred to builder & in turn has not been transferred in the name of the society. The owner has passed away. The society is now looking at executing deemed conveyance. There are 2 legal heirs - Son and Daughter both above 70 ye...

Builder payment issue

Hi I had paid 20% ( 11.5 lac+ ST) amount for 1BHK apartment in Oyster Living SRA project (www.oysterliving.com) in 2015. As per builder terms and conditions, oyster living project was suppose to start before 2017. In case any delay in the project later 2017 then they were liable to refund our paid amount with 15% simple rate of interest. Until 2017 when we did not see any single prog...

Legal proceedings for unfair apartment maintenance

Hi We stay in an apartment which has total 200 flats with varying sizes from 1100 sqft 2bhk to 1900 sqft 3bhk. Our association has imposed maintenance fees based on the flat square ft (Method A) as the same method was implied by the builder also for the maintenance. This makes a huge difference in the monthly charges comparing largest house to the smallest house. But the facilities one gets...

Parking allotment refused by society since I have a purchased parking space from the builder.

Hi, Recently I have purchased a new car and my housing society is not willing me to allocate a parking slot. Stating that we already have another parking slot. But that garage covered parking slot has been purchased by us from the builder who was selling limited number of covered parking spaces at that time. Because of our ownership of a covered parking space society is not willing to give ...