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The husband dies intestate, and the widow does not want any claim to the property. She wants to give the land to her mother-in-law. Can a new owner then seek a succession certificate?
In event a Widow does not wish to claim the interest in the share of her deceased husband, but wishes to give her share to the Mother of the deceased, it can be given as an by way of seeking succession in the name of Mother wherein wife’s consent is required along with her children.
The further process of handover of property can also be done by way of release deed / gift as per possible circumstances.
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Sir I had paid and received Stamp duty and registration challan for my property on 28 March 2021. On 17 Aug 2021, I have been informed by builder that I have to register the property within 1 month else I will have to pay penalty of INR 50,000/- per month delay in registration. Is it true? Sales agreement /deed is not yet signed for the property with the builder
Once the stamp duty is paid the document needs to be signed and registered within 6 months of such stamping/ challan date. In case the document gets signed within 6 months, you will automatically get extension of 4 months for registration as per law.
On refund process may be exercised as you get to know that the stamping paid is to be cancelled along with the document / transaction to be cancelled. The process takes about 3 months and refund is promptly done by department within 60-90 days max. Ensure all original receipts put up for cancellation are with you and a crossed cheque is submitted to ensure the money comes into your pan linked account.
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I purchased a MHADA flat in Byculla in 2021. The seller got the possession in 09/2014 & paid MHADA maintenance from 09/2014 to 08/2015. The society of the building was formed in 09/2016 which started collecting maintenance by themselves from that onwards. My questions w.r.t 'Payment pending to MHADA from 09/2015 to 08/2016 (before society formation)' are as below: 1. Who will pay this amount? Me or the seller? 2. Whom to pay this amount? MHADA or Society? 3. How to pay this amount OFFLINE?
In an ideal situation the past maintenance has to be borne and paid by the first allottee / purchaser. The maintenance so paid has to be furnished to the Society for records and recovery and arrears as the case may be, considering the balances. This amount may be collected by the Society and paid collectively Flat wise or also by the present owner as the case may be.
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Hi Sir/MadamI am aware that the scene of dabba trading(collecting and/or managing clients money/accounts) is illegal. I was wondering there might be a way in which I will accept money from friends or clients through 1)P2P lending(not sure at what interest rate i have to accept a lending. please clarify) or through 2) accepting money by writing on stamp/bond. I wish to take profits above a certain percentage below which i wont share any profits. For ex. I will start sharing profits only if I am able to achieve more than 12% ROI on investment and sharing will be only after 12%. Also how or in what form should I accept profits in a way that I don't breaking any lawI don't know if this model will be legal or not. If not Is there any other way I can work this around.I am sweating so much because in India, laws are really stringent and unfavourable towards managing accounts. Also taxation benefits are very bad for hedge funds in India(Also I am not eligible for setting up Hedge fund)
Connect me and discuss the reasons to have such a structure, I believe you need a tax consultant and compliance CA who would be able help to assist you on your endeavours.
Your query is incomplete in many respects and any such business decisions taken without knowledge of law and tax would be detrimental.
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Can a bank hold the property papers for more than a year now. I have cleared all the loans and am no longer associated with the company in any capacity. Despite writing to the bank several times they are not replying. nnWhat is the law for this?
Hi,
You may file a consumer complaint and also prior to that file a complaint before the Ombudsman. There are several judgments now whereby Bank is liable to pay damages by way of compensation to such customers whose Property documents have been misplaced and lost. You immediately issue notice to the Head office of the bank along with a Police complaint to be done by you. You also have to get a news paper notice issued by the bank in event such documents are not traceable.
Please connect with an attorney who can follow the above process appropriately.
Thanks Adv Sarthak Shah
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A person who leaves in Canada for last 15 years (basically from Mumbai), presently at Mumbai would like to execute POA in favor of his cousin brother for executing Permanent Alternate Accommodation Agreement. Can he give Power to his cousin brother who leaves in Mumbai or Blood relation is necessary.
Well, Power can be given to anyone for that matter. What matters is what is the purpose of the Power?
Power conveying any Property or rights conveyed related to a property required to be registered, if Power is given for Sale / Development / re development. The Stamp duty shall be applicable as per Maharashtra Stamp Act and will be appropriately as per conveyance. ( Max of 6% of Market value of property including cess and other taxes.)
Powers given to first kin or immediate relative is exempted from stamp duty but yet have to be registered for all practical purposes, if it’s for the purposes of sale. The Power then has to be adjudicated. The nature of the power has to be checked to be under the exempted category. Upon ascertainment we will discuss it.
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Sir,nMy diseased father has made a will and allotted a house property to my younger brother, after three years of my fathers death, he transferred house property ownership in his name, without proper consent of coparceners, my widow mother, me and my other three married sisters. Is it valid to transfer.He has intention to sell the property we all are against this decision, can we prohibit him from sale of property by legal enforcement.
Hi,
The question seems to be with incomplete facts, which require a clarity.
Whether the Will of your father has been Probated?
Whether there is any consent which has been given by you?
Is there any other writings agreed by your sibling’s?
You need to immediately consult an attorney and take steps, to safeguard the interest In the said properties of your father.
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Me and my husband having joint ownership in our flat but from beginning to till now he didn't contribute a single penny for same. All down payment and emi payment all made from my side. Thus now i want to remove him from ownership how can I do this please advice
Hi,
You may execute a Gift Deed in your favour and seek the interest in the Husband’s share. The instrument will attract a Stamp Duty as per state laws and will also be required to be registered at the Sub registrar. Also in income tax filings seek CA’s advise to reduce capital gains tax and how it can be documented.
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My dad's property got transferred to 3 sons for which I made Release deed in back 2006 for which I did franking of 100 on stamp paper and made a release deed and it shows that I have paid 110 to stamp duty account Thane in Maharashtra .I have my name in house tax ,electricity, maintenance and also in Share certificate but now my building is going in deemed conveyance so they are saying that property is not transferred on ur name and you have to pay stamp duty for the same .what I should do as the building is demolished it's is under redevelopment and they asking 132000 for the same registration and stamp duty and asking 78000 if u do the same in ur wife's name .I was not told to pay stamp duty before how can they say now .As it was released from blood relation .Please give my proper guidance whether I should do registration now or at the time of new agreement with builder when the redevelopment will be over.
Your title documents and release needs to be checked firstly.
Basis the facts provided, it appears you did not register the release deed. Question arises that the records show it as of the previous owner, which is apparently correct to state.
Since there is defect in the title documents, there is a reason to pay the penalty on the unregistered document which can be calculated on adjudication process to access it appropriately.
You may execute a Gift Deed at this stage too and register the property in your name by paying a lesser stamp duty. Check it up. This would be the best option in my personal opinion.
Moreover, make sure necessary formal communication is done with the developer on the steps you are undertaken.
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Hi. There was a flat that was co-owned by my mother and father. My father expired last year. My mother and we legal heirs sold the flat. The buyer needs a Letter of Administration/Succession Certificate from us for that property. We have completed the sale deed with the buyer and handed over the possession. Is it possible to now apply for Succession certificate now that the sale is completed. Please advise. Thanks.
Hi,
The letters of administration is applied to seek administration of the property of the deceased person, while the said flat being sold with consent of all legal heirs and also assuming the Society has transferred the shares of your father into the legal heirs or as per family arrangement or through a legal process the question of any defect in title does not arise. Moreover the Purchaser is supposed to verify the title prior to sale.
Well, in event there are other properties of your father to be further administered then it can definitely be applied showing the present property as sold to cover the same as a per of the estate of your father. Else the application would be redundant for the property and estate already dealt with by the legal heirs and monies are appropriated, as a family arrangement. I also assume all family members have given consent to the present sale and that it’s established in the agreement for sale.
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