Advocate Shrikant Bagade

Questions Answered by Advocate Shrikant Bagade

Q: NUMER OF PERSONS CAN REMAIN AS CO OWNERS

We are planning to buy a flat in Mumbai/MMR region shortly, we parents are senior citizens with two adult daughters, we prefer to register the flat in the names of all the four. HUSBAND,WIFE,1ST DAUGHGTER AND SECOND DAUGHTER. Hope this can be done. It is like any one or survivor will own the flat. pls give a exact law prevailing on this issue

Advocate Shrikant Bagade answered
Dear Sir,You all can become co owners by executing necessary legal documents and registering the same.As regards, your wish to determine the ownership of flat upon death of any one of the owner, that can be documented only by way of executing a Will by all the co owners.Regards,Adv. Shrikant Bagade

Q: Can I refund registration fee for cancellation of land purchase

Registration fee refund of land purchase which is cancelled

Advocate Shrikant Bagade answered
If you have paid the Stamp Duty and Registration Fees on purchase of a land and said transaction could not be completed, you can certainly seek refund of the Stamp Duty paid by you.Regards,Adv. Shrikant Bagade

Q: Delayed possession, builder change, no Agreement of Sale

I have made an investment in an under construction property in 2010 of an X amount which is more than the half of property value promised to me. The builder is now close to giving the possession but jacked up the price as per the current rate. Since, I am not able to make the remaining payment I want to pull out my investment.This is where it gets complicated; he did not made the agreement of sale with me for the promised amount. I only have a draft of it. The flat number, which was promised to me, has already been sold out (according to the builder) so I was only offered a flat which he has made available to me (no choice).He has verbally increased the price, decreased the price and again increased the price from 2015-till now.I have lost my trust in this deal.If I want my money back with interest, is it possible or should I continue with the investment since its nearing possession? PS. The building has not received OC, got CC in 2015, before RERA

Advocate Shrikant Bagade answered
Dear Sir,You can file a complaint before RERA though the Agreement has not been executed. If you have all the details/documents regarding this transaction and details regarding payment of money, you can seek refund with interest.Similarly, you alos have an option of filing a Consumer Complaint for unfair trade practices of the Builder.Regards,Adv. Shrikant Bagade

Q: Shasti on illegal Construction

I am looking to buy one flat in Dombivali, when I asked seller to shows his KDMC tax receipt, So on that receipt there is one point mentioned as "Shasti on illegal Construction" and few amount against it. But building have CC and registered under KDMC, here I do not understand if building is legal then how any flat in that is illegal ? and if I bought that flat then is there any problem in future ?

Advocate Shrikant Bagade answered
Dear Sir/Madam,In order to know if the flat is legal or not you need to obtain a list of documents regarding the flat, ownership, building approvals, etc.only on the perusal of these documents, a lawyer can advise you whether you buy this property or not.for details regarding these documents, kindly contact through lawrato.Regards,Adv. Shrikant Bagade

Q: Details incorrectly mentioned on registered gift deed

So my maternal grandmother has gifted her 1bhk property to my mother. But the name is incorrectly mentioned as kamlesh vinodkumar. The correct name is kamlesh vinodkumar ravi. Also wrong phone number and address has been mentioned. Its registered now. We are doing a name transfer in society what should we do before this to change the incorrect information?

Advocate Shrikant Bagade answered
Dear Sir/Madam,You can execute a Rectification Deed to correct the mistakes made in the registered document.Both the Registered document will then you to be submitted to the society for name transfer.Regards,Adv. Shrikant Bagade