Advocate Bhavuk Sharma

Questions Answered by Advocate Bhavuk Sharma

Q: Can sister claim the property in my name received through gift deed

My grandfather made a will in which he made my mother (my father had passed away) the owner of our property but also stated that she cannot sell/rent/mortgag/gift it to anyone as it was mine after her death. But later he made a sale deed on her name as he felt that there was a risk of my fathers sisters to challenge the will. However now my mother has gifted me one of the floors with a gift deed and the other two are on her name. I wanted to know if my sisters have any right in this property. Can they claim any of the floors or the gift deed?

Advocate Bhavuk Sharma answered
Oh yes ... Let me make it simple for u. Your grandfather who had made a will but before death he transfered the said property to your mother by way of sale deed. Therefore, the will pertaining to the said property has become infructuous. The said property is legally owned by your mother now if it has been executed in a legal manner which I cannot comment as u have not mentioned in your query. Now coming to the point that do ur sisters have right in the property. Yes your sisters being legal heirs of your mother are entitled to share in the said property. However, they cannot claim share in the floor which has already been gifted to u by your mother vide Gift Deed ( again if it has been executed legally ).

Q: Want to know concept of joint development agreement in Delhi?

can i know the concept of joint development agreement of delhi. how the builders and land owners contribute their land whats the ratio of profit sharing. like here in bangalore its always 60:40 profit sharing ratio between builder and land owner

Advocate Bhavuk Sharma answered
There is no fixed profit sharing ratio in Delhi. U need to understand that the profit sharing ratio depends upon the FAR (Floor area ratio). The larger the plot area, larger would be the FAR which will in turn increase the value of the developed plot thereby profit ratio would be more for the land owner in this case. Further I need to get more details from you for providing more clarity on the said issue.

Q: Can I ask for the advance paid by me to the builder back?

I have paid 3 lakhs for a flat to the builder and I am also paying back my loan and interest, the first builder is behind the bars and the 2nd builder is out. My query is can I ask 3 lakhs back from the builder because the building still not completed.

Advocate Bhavuk Sharma answered
Ok since nothing material has been mentioned here in your query. I can understand from your query that u had invested 3 lakh in some project of XYZ builder and at present no construction is going on. Now there are lot of questions which need to be answered before I can comment on your query such as whether Buyer Agreement has been executed ? Or whether any allotment has been made ? Or do u have any email correspondences with the company relating to your subject-matter and many more. You need to speak out your facts in detail before I can advice you anything legal in this respect.