Advocate Vedashree A

Questions Answered by Advocate Vedashree A

Q: Agreement to sale has no mention of undivided share of land

I have booked a flat with a premium builder to my surprise he is offering me an agreement of sale that does not have any mention of undivided share of land though there is a mention of proportional undivided interest in a common area( agreement has no clarity on the common area or basis for computation) . They make it clear nothing will be mentioned even in the sale deed.The legal team is stating nothing to worry - A) common area according to RERA and Karnataka apartment owners act includes land . The land is automatically transferred to the owners / association even if this is not expressly mentioned B) the area will be determined on completion of the project and mention in deed to declaration on formation of the association . C) I checked most the builders in bangalore are very clear in providing UDS. They have no credible answer on why they would not provide it. The building plan is approved).Appreciate if some body can provide me inputs if this is fine.

Advocate Vedashree A answered
In India, the sale and purchase of immovable property is governed by the Transfer of Property act of 1882. The 1882 act does not cover the concept of an apartment along with its undivided share in land and common areas. So a fundamental step that KAOA does is that it equates the purchase of an apartment with its proportional undivided share as equivalent to an immovable property bought under the transfer of property act.The purchaser is the absolute owner with a clear title to the apartment and its proportional undivided share. details find out me on google by HANUMAN law associates thank you

Q: REFUND OF ADVANCE PAID FOR CONSTRUCTION.

AN BOOKING ADVANCE AMOUNT OF 3LAC WAS PAID TO HOUSEJOY FOR CONSTRUCTION IN JUNE 2020.TILL TODATE THEY HAVE DONE NOTHING,NOT STARTED THE CONSTRUCTION. THEY ARE REFUSING TO REFUND THE AMOUNT TOO.WHAT SHOULD WE DO?

Advocate Vedashree A answered
send them legal notice through your counsel await for reply in15days period and then file the case for recovering in civil disputes more details contact me through google HANUMAN law associates thank you

Q: Obtaining a certified copy of Sale Deed from LIC HFL

Sir / MadamI had purchased a flat in Bangalore through LIC Housing Finance Loan; after the registration the LIC agent took the original sale deed, now in order to get the Khata and Electricity bill name change, I had to submit a certified or notarized copy of the sale deed. What should I do now to obtain the same. Please guide me.

Advocate Vedashree A answered
should apply for the certified copy of same in the sub registere office there will be fallow up the procedure then get the process the certified copies attested by registeror those proces day will take 15days more details contact us HANUMAN LAW ASSOCIATES through google web thank you

Q: Is it legal to write in pen in sale deed ?

In the sale deed few things were left blank , like the cheque no issued to the party was left blank, schedule of the property was left blank . and it was filled/written in pen before the registration . the document was then registered and uploaded to sub registrar records .My question is, is it fine to write in pen in the sale deed even if it is before registration? or should it always be a typed matter.

Advocate Vedashree A answered
It is most dangerous since it is the material document for the sale deed to show that consideration was passed through that cheque. You may obtain certified copy of the sale deed and also cross check bank entries as to whether such amount was transferred in the name of seller. more details contact me through google web Hanuman law associates thank you

Q: Land Fraud - being sold Governement acquired land

We purchased a site in 1997 by paying a total of Rs.30,000 in installments, for which we were given a GPA ( General Power Attorney ) mentioning, SITE No. 267 and SURVEY No.158 .We registered GPA in kengeri office in 2003 for which we where given site no. 267 and SURVEY No. 158 instead of 164.But recently (2021) we where given a plan in which our SITE No.267 had SURVEY No. 162 which was acquired by BMTC and even compounded.What action can we take to be compensated ?

Advocate Vedashree A answered
You have right to file the Writ in High court for compensation,if not get any compensation. before should take all documents of the property and contact the legal counsel they will help you get your compesatary award more details contact me through Law eating thank you