Advocate N. A. Rangapur

Questions Answered by Advocate N. A. Rangapur (25+ answers)

Q: Regarding Society Maintenance Dispute

Regarding a maintenance dispute with the housing society. I started residing in flats in May 2026. Although I had received the keys but I didn't residing builder did not provide me with a formal possession letter.The society is demanding outstanding maintenance charges, There are also unresolved issues with leakage and incomplete construction work in my flats, and I have concerns regarding the Occupancy Certificate (OC). I would like to understand my legal rights under Maharashtra law.

Advocate N. A. Rangapur answered
Under Maharashtra law, maintenance liability generally depends on the agreement, society bye-laws and the date possession was actually offered or taken; merely not residing in the flat does not automatically exempt you from maintenance. The absence of a formal possession letter, pending leakage/construction defects and the OC issue are relevant, but do not automatically cancel society dues

Q: Can an affidavit signed by the sisters for transfer of property be rev

Can an affidavit be revoked if sisters have signed and given to the brother for transfer of property to the brother s name as the brother had made promises but not kept to it

Advocate N. A. Rangapur answered
Yes, it depends on the nature of the affidavit.If it is only an affidavit and no registered transfer deed (such as a Release Deed or Gift Deed) has been executed, the sisters may revoke or withdraw the affidavit by executing a revocation affidavit and informing the concerned authority.If the property has already been transferred through a registered document, the affidavit alone cannot revoke the transfer. The sisters would generally have to file a civil suit to challenge the transfer on grounds such as fraud, misrepresentation, or breach of the promises made.

Q: Builder give allotment letter but sold flat to other

Without inform sold flat to other. What need to do

Advocate N. A. Rangapur answered
File a complaint before MahaRERA seeking cancellation of the illegal sale, possession of the flat or refund with interest and compensation.File a civil suit for specific performance and injunction, if appropriate.If there is dishonest intention or cheating, lodge a criminal complaint for offences such as cheating and criminal breach of trust, depending on the facts.

Q: MahaRERA Order Ignored, EMI Continues

I bought a 2 BHK on the 50th floor in a RERA project in Dec 2023. Possession promised: Dec 2024. It's now July 2026. The builder changed the layout and is forcing me to shift to the 36th floor without compensation. MahaRERA ordered a refund with interest in Jan 2026, but they haven't complied. I'm still paying ₹1.5 lakh/month pre-EMI plus rent. Can I legally stop my EMI or get relief until the builder complies?

Advocate N. A. Rangapur answered
No. You should not stop paying your EMI/pre-EMI on your own. Your loan agreement with the bank is separate from the builder's obligations, and non-payment can affect your credit score and lead to recovery action.

Q: Searching for the most cost effective way for ownership transfer

I wish to get a property present in Mumbai Suburbs transferred on my name. Presently the property is owned by my mother and she is willing to transfer the ownership in my name. My sibling is also ready to provide an NOC for the same. We are looking for the most convenient and cost effective way to get the ownership transferred. Kindly suggest.

Advocate N. A. Rangapur answered
The most convenient and cost-effective option is for your mother to execute a registered Gift Deed in your favour.Since it is a transfer from mother to son/daughter of a residential property in Maharashtra, a concessional stamp duty is available, making it the most economical mode of transfer in most cases. Registration is compulsory for the Gift Deed to be valid.Your sibling's NOC is generally not legally required if your mother is the absolute owner of the property and is transferring it during her lifetime.