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Need Advice on a legal issue. Please help me figure it out.


24-Jul-2023 (In Property Law)
Hi, This is yash rastogi. Me and my sister Yashi rastogi(NRI) have purchased 2 flats in Noida extension. Builder has now offered possession.After possession we came to know that my flat do not have exposure to sunlight while that of my sister has exposure. My sister has purchased this unit only for investment purpose. She wanted to sale her property. I want your guidance to know is there any way I can get possession of her property and sale my property and give money to her. As both the flats have home loans under name of me and my sister. Can you please suggest any way to exchange our property and also exchange the approved home loans for the two properties. As registry has still not done., can i do registry of my sister flat in my name.
Answers (1)

Answer #1
664 votes
In this case you can make a registered agreement in your name .
In case, you need to renegotiate on some terms and conditions with existing bank. For Example: you want to increase the tenure of your loan and decrease the amount of your EMI but your bank has not agreed to that.

Loan Top – up: May be the value of property has climbed much higher in comparison to its original value. Based on this, you might want to top – up your loan to meet further requirements like renovation of home. But the lender might not be open to these.

Sometimes, you are just not happy with the services & accessibilities of the bank and wish to transfer the loan.

Process of Home Loan transfer

The process of transferring of home loan is very simple and it is completed in a few steps. Firstly, you need to submit an application to your current lender requesting to transfer your current home loan to the other bank. On the basis of your request, the bank will provide you a consent letter or NOC and also statement mentioning your all outstanding amount. Then you need to submit these documents to the bank where you want to transfer the loan.

Afterwards, your new lender sanctions the loan amount to the old lender for the closure of your account. Once all the transactions are over, your property papers will be handed over to the new lender and remaining postdated cheques or ECS will be cancelled. The home loan switch is beneficial because the bank in which such loan is transferred offers you a lower rate of interest.

The Bank you are moving on will treat your home loan as fresh and you have to follow all the procedures again. It will include your credit appraisals, legal verification of your property credentials and also the technical evaluation by the new bank, etc.

On transferring to your account, you need to pay some processing fees to your new lender which ranges somewhere between 0.5% and 1.5% of the loan amount.

How to transfer plot to elder brother with less stamp duty charges

Currently, there is not gift tax in India. The Gift Tax Act, 1958 was repealed with effect from 1st October, 1998. There are however certain guidelines when it comes to giving gifts and taxation that non-residents should be aware of.There is no tax liability if gifts are between relatives. The definition of a relative is provided in section 56 clause (vi) of sub-section (2) of the I-T Act. For a gift of property in India to be tax free, the relative should be the individuals:1.Spouse;2.Brother or Sister;3.Brother or sister of either spouse;4.Brother or sister of either parents of the individual; or5.Any hereditary ascendant of either spouse
Can father be punished for domestic violence by and illegal marriage

Yes, you can file a case of domestic violence against your father. A criminal case for maintenance against your father can be filed by all affected persons of your family who are neglected by your father Under section 125 of Cr PC in the CJM or CMM’s Court.
Section 125 in The Code Of Criminal Procedure, 1973
125. Order for maintenance of wives, children and parents.
(1) If any person having sufficient means neglects or refuses to maintain-
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or
(d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct:
Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means.
Explanation.- For the purposes of this Chapter,-
(a) " minor" means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875 ); is deemed not to have attained his majority;
(b) " wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.
(2) Such allowance shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance.
(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month' s allowances remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made:
Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due:
Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such
Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing.
Explanation.- If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife' s refusal to live with him.
(4) No Wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.
(5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.
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