Advocate Sangram Pravin Lipane

Questions Answered by Advocate Sangram Pravin Lipane

Q: Possesion copy is given not original by the builder

We got possesion last week, but builder has given xerox copy of the possesion letter. He didnt give the original possesion letter to us but kept with himself. What could be the consequences?nAlso, we have been given OC xerox copy. How we can validate if this is legit? Builder has not yet uploaded OC on Rera.

Advocate Sangram Pravin Lipane answered
It is important to have the original possession letter in your possession as it is a legal document that proves that you are the rightful owner of the property. Without the original possession letter, you may face difficulties in proving your ownership of the property and accessing certain services such as water and electricity.You should request the builder to provide you with the original possession letter as soon as possible. If the builder is unwilling to provide you with the original possession letter, you may want to consult with a lawyer to understand your legal options.Regarding the Occupancy Certificate (OC), it is important to verify that the copy you have been given is legitimate and that it has been issued by the appropriate authority. You can verify the legitimacy of the OC by checking with the local municipality or other relevant authorities to ensure that the OC has been issued and that it is valid.It is also important to note that the builder is legally required to upload the OC on RERA (Real Estate Regulatory Authority) website within a specified time frame after the issuance of the certificate. If the builder has not yet uploaded the OC on RERA, you may want to follow up with the builder and inquire about the delay.Thanks & regards,Adv. Sangram lipane

Q: Hi, I am trying to get Index II for my grandfather's flat registered in 1994. The person informed m

Hi, I am trying to get Index II for my grandfather's flat registered in 1994. The person informed me that we need to pay extra stamp duty and get the Index II document cleared. We have registration receipt with the stamp duty amount charged at that time. Can they ask for more stamp duty payment now... What is the legal process here..... Can you please guide.... Thanks

Advocate Sangram Pravin Lipane answered
If you have the registration receipt with the stamp duty amount charged at the time of registration, it is unlikely that you will be required to pay additional stamp duty for obtaining the Index II document. The Index II is a certified copy of the registered document, and it typically includes the details of the registration, such as the names of the parties involved, the description of the property, the stamp duty paid, and the registration fees paid.If the registration receipt you have shows that the stamp duty was paid in full at the time of registration, then you should not be required to pay any additional stamp duty for obtaining the Index II document. However, if the authorities are insisting on additional stamp duty payment, you may want to consult a lawyer to understand your legal options and to verify the legal requirements for obtaining the Index II document.It is possible that the authorities may be asking for additional stamp duty payment if they have found any discrepancies or errors in the original registration documents, or if there have been changes in the stamp duty rates since the time of registration. In any case, it is important to verify the legal requirements and consult a lawyer before making any payments or signing any documents.Thanks & regards,Adv. Sangram lipane

Q: Wanted To Make A PoA To Be Given To My Brother For Sale Of Our House

I want to give PoA to my brother who can do the registry on my behalf as I cannot travel due to medical reasons.

Advocate Sangram Pravin Lipane answered
It is possible to grant a Power of Attorney (PoA) to another person to act on your behalf for property transactions such as registration of property. A PoA is a legal document that allows someone else to make decisions and act on your behalf.To grant a PoA to your brother, you will need to draft a PoA document that clearly outlines the scope of the authority you are granting to your brother. The PoA document should be executed on a non-judicial stamp paper of the appropriate value, and it must be signed by you in the presence of two witnesses.Your brother will then need to present the PoA document along with any other required documents to the appropriate authorities to register the property on your behalf. It is important to note that your brother will have the same legal power and authority as you would have if you were present, so it is important to choose someone you trust to act as your attorney-in-fact.It is recommended that you consult with a lawyer to ensure that the PoA document is drafted properly and that all legal requirements are met.Thanks & regards,Adv. Sangram lipane

Q: Parking my cousins car in my legal parking area is allowed or not

I have parking in my society and dont have a car but when I need a car I get from my cousin and park in my parking area. Is this allowed. Our Commitee is taking objection and penalising for the same

Advocate Sangram Pravin Lipane answered
The rules regarding the use of society parking space can vary from one society to another, and it is important to refer to your society's bylaws or regulations to understand the specific guidelines that apply to your situation.In general, it is not uncommon for society bylaws to require that only owners or authorized residents can use the parking space allotted to their flat/unit. If your society has such a rule, then using the parking space allotted to your flat/unit without owning a car may be considered a violation.The committee's objection and penalty may be based on the society's bylaws and regulations. You can try to appeal the penalty by explaining your situation and requesting an exception to the rule. Thanks & regards,Adv. Sangram Lipane

Q: Can a mother buy a property on her daughter's name?nnMother had received a property from her father

Can a mother buy a property on her daughter's name?nnMother had received a property from her father as a gift deed 10 years ago. Now she wants to sell that propertyWith the amount can she directly buy property in daughters name in order to avoid gift deed and registration charges in future. Is this possible.Secondly younger son has inherited dad side of the property and has no issue with this.

Advocate Sangram Pravin Lipane answered
Yes, a mother can buy a property and register it in her daughter's name, as long as the daughter is a willing party to the transaction. However, the source of the funds used to purchase the property would need to be legitimate and documented.If the mother wants to sell the property she received from her father, she can use the proceeds to purchase another property in her daughter's name. However, this transaction will still attract registration and stamp duty charges, as it is considered a transfer of property.Additionally, it's important to note that there may be legal and tax implications of such a transaction, and it is always advisable to consult a legal professional before making any major property transactions.