Advocate Kapil Gundawar

Questions Answered by Advocate Kapil Gundawar

Q: How do we sell flat to new buyer if we do not have chain of agreement

we had inherited from our parents flat.after he passed away.we could not find chain of agreement and also not on society record. what is the proceedure as it was purchased by parents in 1985. how do we sale to new buyer.

Advocate Kapil Gundawar answered
If you have registration no of the concerned documents then do apply concerned sub-registrar office for certified copy of the same. If you don't have the registration number then you have to take search of Index II record in the concerned sub-registrar office for respective years.

Q: Where to seek information about a resale flat

i m planning to purchase a resale flat. i have checked the original index2 and registration documents of 107 pages. But when i checked online by filling document no the index 2 is not appearing. while index 2 of other property of of my friends are appearing. hence kindly guide whether the property had any issue

Advocate Kapil Gundawar answered
Apply for certified copy of that documents to concerned sub-registrar and verify the certified copy with the documents available with you also do search and title verification of the property through lawyer practicing in real estate activity.

Q: Registering title of ownership to joint ownership of existing flat

Include spouse name in existing flat as joint owner. What is required and expected expenses. Hindu.

Advocate Kapil Gundawar answered
By Gift you can make your spouse as a joint owner. If property is in Maharashtra then stamp duty and registration fees not applicable on such gift. But you have to pay Local body charges. For more detail contact lawyer.

Q: What to do if the seller has not paid off his dues even after selling

I have bought a resale flat and all the registration has been but now at the time of possession, the seller have just handed over the house and asking me to pay all the dues such as electricity bill, property tax, maintenance, etc. which is not acceptable for me. Now the seller is not paying off the dues, so can i file a case against the seller for non payment of dues because as per agreement, it is the seller responsibility to clear all the dues. My religion is gujarati and the seller religion marathi.

Advocate Kapil Gundawar answered
Yes you can file civil suit, but before that check liability clause of the agreement. If it is clearly mentioned that all the pending dues liability is upon you in that case it is difficult, so kindly show your all paper to the Advocate and take suggestion.

Q: Right to use clubhouse in a Co-operative Housing Society

We bought a resale apartment in a complex which is comprised of 16 Co-operative Housing Societies. There exists an apex federation of these CHS responsible for maintaining the common areas including the clubhouse. As per the agreement between the promoter and the first owner of the flat, the first owner had paid Rs. 50,000/- as 'Clubhouse Development Charges' entitling her to 'the right to use clubhouse'. The apex federation now is demanding Rs. 50,000/- again towards a 'clubhouse membership' if the first owner had paid clubhouse development charges to the promoter and Rs. 1,00,000/- otherwise. Does the apex federation have the right to charge us for a membership fee when the agreement between the promoter and the first owner never mentions the same but rather uses the words 'right to use clubhouse'? What complicates this further is the fact that the promoter is still selling apartments wherein they are charging Rs. 50,000/- towards clubhouse development charges.

Advocate Kapil Gundawar answered
If first owner has paid the "Club House Development Charges" then no need to pay. But before coming on conclusion we have to check bye laws and find out exactly against what they are demanding. If demand is against the law/bye-laws you can approach to the concerned authority against society/federation.