Advocate Dikshant Bhansali

Questions Answered by Advocate Dikshant Bhansali

Q: Clarification regarding Sale Consideration Value

I had booked a flat. I am in the process of signing the final sale deed document. The sale deed document mentions reduced property value whereas I have paid Basic Property Value + Taxation + Parking + Maintenance Fund + Maintenance Charges for 2 years + Gas Connection Charges + Urban Authority Charges + Electricity Charges. Apart from these, I will be paying stamp duty charges and registration charges. All these charges amounts to around Rs 10 Lakhs. I wish to know what consideration value must be shown in the sale deed document. Does this other charges (Parking, Maintenence, etc.) not constitute property consideration value ??

Advocate Dikshant Bhansali answered
I had booked a flat. I am in the process of signing the final sale deed document. The sale deed document mentions reduced property value whereas I have paid Basic Property Value + Taxation + Parking + Maintenance Fund + Maintenance Charges for 2 years + Gas Connection Charges + Urban Authority Charges + Electricity Charges. Apart from these, I will be paying stamp duty charges and registration charges. All these charges amounts to around Rs 10 Lakhs. I wish to know what consideration value must be shown in the sale deed document. Does this other charges (Parking, Maintenence, etc.) not constitute property consideration value ??NOPE.

Q: Requirement of Permission grant from nagarpalika for construction

We have renovate our house but we didnt take permission from nagarpalika so how to get permission from nagar palika we didnt know abount the permission and we completed construction. Kindly suggest us and guide us what to do now?

Advocate Dikshant Bhansali answered
Its a breach of the law. Need to have a complete layout and approach Nagarpalika which upon paying impact fees/ regularization charges will approve the MAP etc. However, ensure that the constructed area is within the permissible limit. If there is a change in the structure of the house in renovation then permission is needed as mentioned above.

Q: Documents required to claim shareholding in a private company

Hi, I have some shares of a private company, of which i am employee of. But i only have ROC certificate. Is it enough proof to claim your shareholding in future. I didn't sign anywhere on any legal documents. Can i safely assume that whenever company gets bought, i will get the equity proportion. Or is there any way company can manipulate it?

Advocate Dikshant Bhansali answered
Hi, I have some shares of a private company, of which i am employee of. But i only have ROC certificate. Is it enough proof to claim your shareholding in future. I didn't sign anywhere on any legal documents. Can i safely assume that whenever company gets bought, i will get the equity proportion. Or is there any way company can manipulate it?You must have share certificate issued by the Company duly signed and stamped and can also download details of your shareholding from MCA portal for verification.

Q: Is it legal to make an extra stamp paper while property registration

I am going to buy residential plot at ahmedabad and going to register it by sale deed in required stamp paper of around 2 lakh but the seller insist for another registration copy in 100rs stamp for his use. I inquired nd got to know that it isnt required for another 100prs stamp. Is it legal?

Advocate Dikshant Bhansali answered
I am going to buy residential plot at ahmedabad and going to register it by sale deed in required stamp paper of around 2 lakh but the seller insist for another registration copy in 100rs stamp for his use. I inquired nd got to know that it isnt required for another 100prs stamp. Is it legal? It is not required and illegal.

Q: Banning of yoga class in flat by association members

I have purchased a Flat on the first floor. The Apartments are of non-cooperative housing type. The members of the association are restricting my wife to run yoga class in my owned flat saying it is not allowed here. Our only female student from good families do not use Lift and Parking of Apartment, also not making any noise or nuisance. I have searched the web and found that YOGA, TUITION, CA, Doctor and Lawyer are allowed to operate from Flat. Please, Advice.

Advocate Dikshant Bhansali answered
It is allowed. In the case of Pant Nagar Anandlok CHS Ltd., at Ghatkopar, Mumbai, (Appeal No. 550 of 1985 decided on 24-11-1986 decided by the MSC Appellate Court) it was decided that carrying out activities like conducting yoga classes in a residential flat does not constitute a breach of bye-laws of a Co-op Housing Society. The judge said, “The professional activity of teaching certain arts would not in itself become commercial even though some charges are levied in giving some performance.”