Advocate Meera

Questions Answered by Advocate Meera

Q: Is it compulsory to give alimony in mutual divorce cases

Hi, My wife is earning a good salary, we got married for 2 years, since she is not adjusted to our family nature, she is living separately and herself has applied for mutual divorce, now she is demanding marriage expenses to be refunded, is this valid ?, What if if she asks for alimony, does alimony is valid for mutual divorce cases?

Advocate Meera answered
terms of the mutual consent is mutually agreed between the parties and if your wife does not want any alimony from you then you could put it in your petition. There is no necessity to pay the alimony if she is ready to waive her right. If she insists for the alminony then try to amicably settle it by yourself by talking before filing mutual consent. The court would not enter into the question of alimony in case of mutual consent.

Q: Legal remedy against Delay in flat registration even after possession

I have started living in my apartment from Nov 2017 and builder has initiated registration. However most of the owners are delaying registration since there is a discrepancy in the total land area mentioned in sale & construction agreement Vs the actual land area mentioned in the registration document. How long can be delay registration in this case ? Are there any legal consequences with delayed registration considering that we have already started staying in the apartment?

Advocate Meera answered
As a person who has paid money to a developer or builder who has then not handed over the property, you have the right to a solution to your problem. Under a new law passed by the government known as the Real Estate (Regulation and Development) Act, 2016, you have the right to file a complaint before a special body set up for real estate projects known as the Real Estate Regulatory Authority. You can also access consumer courts or file criminal complaints. In certain situations, you can also start an ‘arbitration’ proceeding or file a complaint before the Competition Commission of India.

Q: Can grandson claim property after it is already sold

24 years back my father bought agricultural land in Karnataka it was registered through sale deed but my father didn't do mutation.couple of years back my father and seller both passed away. Seller's son managed to change ownership claiming inheritance of the property after his father's demise, he did this without revealing that property was sold. We appealed against this decision in Asst commissioner's office & got orders favoring our position. also we got land mutated in our father's name. now we came to know that seller's grandson is preparing for a suit claiming that property was sold without his consent. grandson was a toddler at that time and his father has signed the document as a witness. i know if it is self acquired property, then grandson's claims are invalid but if it is ancestral property, do these claims valid? does our registered sale deed becomes invalid? they are purposefully trying to harass us for a mistake of not doing mutation, do we have any recourse. thanku

Advocate Meera answered
A grandson’s rights on his grandfather’s property depends on the nature of the property. Whether the property is an ancestral property or it is a Self – acquired property. What is an ancestral property?A Property which is inherited by a Hindu from his father, father’s father or father’s fathers’ father, is ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner.Rights in the ancestral property are determined on the basis of per stirpes and not per capita. So, the share of each generation is first determined and successive generations in turn sub-divide what has been inherited by their respective predecessors.If the property is an ancestral property, the grandchild has equal share on the same. He can file a civil suit for declaration and partitioning along-with petition for interim relief. Rights protected in law cannot be denied. What is the right of the grandchild on the Self- acquired property of the Grandfather?A grandchild does not have any birth right on the self- acquired property of his grandfather if it had been allotted to his father in a family partition in his capacity as legal heir and not as a coparcener under the Hindu Succession Act 1956. The grandfather can transfer the property to who whoever he desires.If the Grand Father dies without leaving any Will, then only his immediate legal heirs i.e. his wife, son(s) and daughter(s) will have right to inherit the property left behind by the Grand Father.As the properties inherited by the Wife, Son(S) and Daughter(s) of the deceased would be treated as Personal property of those who inherit the property, no one else has any right to claim any share in the same property.In case any son or daughter of the grandfather died before his death, then the legal heir of the predeceased son or daughter will get the share which the predeceased son or daughter would have got.The grandchild of the grandfather shall be entitled to get share of his/her predeceased father only, if the father is alive then she is not entitled to any share.

Q: Can grandchildren claim grandfather's property after mutual divorce

Mutual divorce me bachonko unke dadaji ke property me hissa milega ya nanhi.

Advocate Meera answered
grandsons have no right in self acquired property of grandfather 2) on grand father demise intestate his property would devolve on grandmother , his sons and daughters 3) during lifetime of his children grandsons have no right on grandfather property

Q: Are BBMP approved apartments safe to buy though it has no OC and CC

Hello Sir/Mam, Greetings!!! We are planning to buy apartment in belathur called Zinnia residency which have 4 floors with 42 units which is under construction and possession is on Jan2018. This Apartment is A katha and its BBMP approved. When enquired About OC and CC they told its not applicable for smaller projects and BBMP certification is available for the project. I heard that 80% of projects do not have OC and CC in Bangalore. Can i proceed to buy if its BBMP approved or should i have to stop.. Kindly suggest since its our first investment with our hard owned budget. Awaiting your response.... Thanks and Regards,

Advocate Meera answered
Obtaining Occupancy Certificate and Completion certificate can be mandatory under respective State laws. As per these state laws, one cannot legally move into a building unless the developer gets an occupancy certificate from the respective local administrative or civic bodies. The corporation or municipality can ask the apartment owners to leave such illegally occupied flats or impose heavy penalties in the name of ‘regularization’.In this post let us understand – What is Building Completion Certificate? What is Occupancy Certificate or Possession certificate? What is the difference between Occupancy Certificate & Completion Certificate? What is the importance of these documents? How to get Occupancy Certificate?What is Building Completion Certificate (BCC)?Upon the completion of the building construction, the builder or the developer of the apartment has to apply for the ‘building completion certificate’ with the local authorities (like BDA or BBMP in Bangalore or PMC in Pune).If the building construction is completed as per the building approval plan and if it also meets other building standards like distance from road, height of the building, if rain water harvesting system is in place etc., the civic authorities will issue CC.What is Occupancy Certificate or Possession Certificate?Once the builder receives the Completion Certificate, they have to obtain Occupation Certificate from the civic bodies.OC certifies that the building has complied with all the required building standards, local laws and it is safe to occupy. Occupancy certificate is issued by local municipal authorities or building proposal department that provides no objection to occupy the building under reference for its specified use. The OC is issued only once the building has been completed in all respects and can be occupied.The legal possession of the Flat by the Owner is valid only with the Occupancy Certificate.So, the main difference between Completion certificate & Occupancy Certificate is that CC shows that the building construction is done as per the plan which was approved by the concerned authorities. And after getting this, occupancy certificate will be given to all buyers so that they can take possession of their Flats / properties.Important points on Completion Certificate & Occupancy CertificateWho can apply for BCC or CC ? – Builder has to apply for CC.Who will issue BCC? – Local civic bodies will issue BCC.Who can apply for OC? – The builder has to obtain OC. However, the Flat owner can also apply for OC. If you have already occupied your FLAT without OC, you can approach the Local Corporation or municipality and apply for OC. If the building has been constructed as per the approved plans, building standards, fire safety standards and if it also has BCC then you can get OC in 30 days (legally). However, the law says that if the building has been constructed without any plans it cannot be regularized (if there are structural deviations) and OC may not be issued in such cases.How to get Occupancy Certificate or Possession Certificate? – You may have to submit below documents along with the application form;Copy of building sanction plan (building plan approval copy).Building Commencement Certificate.Copy of Building Completion Certificate.Latest Property Tax receiptCopies of No Objection Certificates (NOCs) of pollution board or Airport authority etc.,Who will issue OC? – Local civic bodies will issue OC.Kindly note that buildings which have deviations beyond legally allowed limits can be treated as illegal constructions. The local civic bodies may not issue Occupation Certificate in these cases.Why CC or OC are important? Is it safe to buy a flat without OC/CC?To claim Income Tax benefits on your home loan, your employer may ask you to submit Occupancy Certificate along with the home loan statement.Occupying a property without an OC is considered as illegal and local civic bodies can ask you to vacate the property.You may have to face trouble in getting water connection or sanitary connection or electricity supply connection.Most of the financial institutions may insist on Possession Certificate to sanction home loans.You may find it very difficult to find a buyer in case if you wish to sell your Flat in the future.Without an OC, it may be very difficult to obtain Khata Certificate.Can Builders issue Partial Occupancy Certificate? – Wen there are blocks or phases of large projects to be developed with varying completion dates, the concerned authority can grant a partial occupancy certificate for the completed phases/blocks. After the completion of entire project, Partial OCs are replaced by final OC (Consolidated document). Do note that it can be a tough task to get a home loan with a Partial OC.If your builder is not obtaining OC, you can issue a notice to him to apply and handover the required documents. Failing which, you can also approach a consumer forum or can file a writ petition.Do note that obtaining Occupancy certificate for an independent house (row house) is not mandatory.A builder can get a provisional building completion certificate from local authorities. But do note that this is valid for six months only. He has to obtain final building completion certificate.Most of the errant builders may have good connections and they may easily escape through various loop holes in the law. So, end of the day it’s the home buyers who end up suffering for no fault of theirs.Be extra cautious when you are buying Flats (even if the builders are reputed ones). Check out the Building Commencement Certificate. Also, do insist on obtaining Completion Certificate and Occupancy Certificate (Possession Certificate) from your builder or owner. If these documents are not available with the seller or builder then there is every possibility that the building may not be constructed as per the approved plan or local building standards.If you are a new flat owner, insist on an Occupancy Certificate from your builder before you occupy the property. If you have already occupied the property, get your OC at the earliest. You may check with other Flat owners and can apply for OC as a group or through your Residents’ Welfare Association.I believe that Occupancy Certificate should be made mandatory for the registration of Flats. It can also be made mandatory for getting water, sanitary and electrical connections. This can make a huge difference to buyers of Flats.What is Occupancy Certificate?The Occupancy Certificate (OC) is a document issued by a statutory authority (such as BBMP and BDA in Bangalore) and it gives the applicant (builder) permission to “occupy” the property. It is required for commercial buildings and for residential buildings that have more than five units. OC is issued for an entire building, or a part thereof, and is not given to individual flats.As per Section 5.6 of the Bangalore Municipal Building Bye-laws 2003,“The Authority shall decide after due physical inspection of the building (including whether the owner had obtained commencement certificate as per section 300 of the Karnataka Municipal Corporations Act, 1976 and compliance regarding production of all required documents including clearance from the Fire Service Department in the case of high rise buildings at the time of submitting application) and intimate the applicant within thirty days of receipt of the intimation whether the application for occupancy certificate is accepted or rejected. In case, the application is accepted, the occupancy certificate shall be issued in the form given in Schedule IX provided the building is in accordance with the sanctioned plan.”The Bangalore Building Bye-laws 2003 can be downloaded here.As per Section 5.7,“No person shall occupy or allow any other person to occupy any new building or part of a new building for any purpose whatsoever until occupancy certificate to such buildings or part thereof has been granted by an officer authorised to give such certificate if in his opinion in every respect the building is completed according to the sanctioned plans and fit for the use for which it is erected. The Authority may in exceptional cases (after recording reasons) allow partial occupancy for different floors of a building.”