Advocate Harshal Jadhav

Questions Answered by Advocate Harshal Jadhav

Q: What documents or legal process do I need to sell a society flat

Hi, I have purchase my flat in 2011, now I would iike to sell it. Society has not been formed yet. Following are the list of queries 1. The society is not yet formed do I need a Builder NOC 2. Have no clue about property tax or maintence charges. 3. What documents or legal process do I need to following

Advocate Harshal Jadhav answered
At the time of sale agreement of your flat, you need to avail builder's NOC. You will also need to provide Possession receipt given to you by builder at the time of handing over possession of your flat. You need to pay property tax, maintenance, electricity charges, etc. before executing an agreement. If your flat is mortgaged for a loan, you will need Bank's NOC as well. It is advisable you better consult a property lawyer for the documentation procedure.

Q: Bought flat from selling father house. Now brother denying to give us.

We had a flat on ground floor on my father's name. To buy a flat on the floor above. There was shortage of money due to which brother took loan due to which the flat got on his name. Now brother is denying to give flat to anyone else. What can we do?

Advocate Harshal Jadhav answered
This is a typical case of dispute over property. The best possible option is to consult an advocate and provide him with all detailed documents. There might be a chance of family settlement or else you will have to use a legal remedy.

Q: Builder not transferring conveyance deed in favor of the society.

We are a part of registered co-operative society, registered in PMC. The builder has not done conveyance deed in favor of the society. How can we get him to transfer the conveyance deed in favor of the society?

Advocate Harshal Jadhav answered
If a builder is not transferring the said land and building in favour of the regd. co op hsg society, then the society can avail an option of deemed conveyance and can transfer in its favour the land and the building without assistance of a builder. the society or the appointed advocate will have to make an application to the co operative societies department and the adjudication at the Joint District Registrar, Pune. The procedure is bit lengthy and it may take months. the society can make an application and avail this benefit.

Q: Property in Russia of native Russian residing in Mumbai.

My friend has a property in Russia, Irkutsk, she's a native Russian but currently residing in Mumbai on a tourist visa, she's selling her Irkutsk house, the issue is she can't go there to do the paperwork and rest formalities whatever concerns between the buyer and the seller, she wants do it from here, tho her Russian mother could handle all the paperwork and transactions on behalf of her. The question is does her mother has to have POA from her daughter to do all the paperwork? What way can she make a Power of attorney from Mumbai, India and give it to her mother to deal all the paperwork ?

Advocate Harshal Jadhav answered
Your friend can execute a Power of Attorney in favour of her Russian mother in Mumbai by appearing before and executing Power of Attorney in the office of Russian Embassy. She will have to mention all the details in respect of the said property. Her Russian mother need not come to Mumbai. Once executed, she will have to send it to Russia by courier and her mother can handle all paperwork as a legal attorney.