Aadovcate Prakash More

Questions Answered by Aadovcate Prakash More

Q: What to after purchase of flat home loan not sanctioned

I have purchased a flat in feb/2018 and it's registered to my name on 7th Feb and still I don't get home loan so, I want to cancel my deal, So can I get my stamp duty money back

Aadovcate Prakash More answered
You can get back stamp duty money...for that you have cancel registered agreement by executing cancel deed, thenafter you can apply for refund of stanp duty to the district magistrate (stamp)....it will take one to two months..

Q: Wants to buy a property which falls under SARFAESI act

I need advise on buying a property which is in symbolic possession by the financing institution

Aadovcate Prakash More answered
Possession is most important part of sale transaction...unless and untill financial institute acquire exclusive possession over mortgaged property it is not advisable to take interest therein....let the financial institute obtain actual possession and thereafter go for purchase...

Q: Can builder demand GST on the amount which is due of the flat

I purchased an under construction flat in Dec'15 which was 90% complete at the time of purchase. I paid the same amount through home loan and cleared all the dues within a month along with service tax for full amount. The flat was supposed to be ready by Dec 16 as per sales commitment and by June 17 as per agreement. At that time, there was no GST. Now my builder is asking me to pay GST on last 10% of the amount excluding the service tax on 10% amount which I had already paid in the beginning. As builder was not able to finish the construction on time, does he have any right to take GST from me ?

Aadovcate Prakash More answered
Considering provisions of Goods and service tax, GST is applicable to the commercial properties which completion certificate is not obtained from concern municiple corporation.....so GST is applicable in your case....however you can claim you loss caused by the builders negligence before consumer court....

Q: Daughters right in the ancestral property

Hindu Maheshwari My Grand father has3son, 3daughter. He doesn't made will. Daughter already left her claim orly after death of grandfather .there name on The property can daughter claim? How l claimed ?

Aadovcate Prakash More answered
If ancestral properties are still joint family properties ( not partitioned) then daughters are having equal share in ancestral property.....daughter can release her share by executing registered release deed in favour of brothers...oral release of right not acceptable in the eye of law

Q: Filing a case in consumer court for possession if case pending in HC

can i filled case in consumer court for possession and rent same prey filled by my brother in notice of motion in high court and made a party to me that is pending

Aadovcate Prakash More answered
Consumer court has no jurisdiction to try and entertain the matter releting to the possession and rent of immovable property....it is the civil who is having jurisdiction to take up such matters.....you can take legal action under the provisions of maharashtra rent contol act