Q:I have finalized a property which is in Ground floor, all legal documents are perfect.Except, Ground floor plan is 1BHK(around 500 sqft) where the actual construct is 2BHK(around 700 sqft). Will there be any problem in future? I get opinions like, there will be problem in resaleIs there any way to make it legal ?
Latest Answer: Approved plan is to have 1 BHK in 500 sq-ft and the builder has built 2 BHK in 700 sq-ft which deviates from the approved plan, if you buy that flat, it can give you a lot of problem in future? You can't resale it with the same plan.
Q:Hi!I had bought an apartment in Asten Viveria at Thengod near Kakkanad.The project was promised to be complete by 2015 and was delayed by the builder.Now i.e. in October 2017, the builder is asking me to take over the apartment for which registration is incomplete, authority water and electricity is not completed and occupancy certificate from local authorities have not been obtained. Is the builder right in his claim to handover apartment without these legal or official documents? Can a aggrieved customer refuse to take over in such instances?Thanks
Latest Answer: No, do not take possession of flat in absence of completion and occupancy certificate. It will consider as illegal and some basic amenities will discontinue by the local body. A building, of which possession has been obtained without taking OC, can be demolished at anytime. If builder had completed building as per sanctioned plans completion certificate would be issued by the authorities.
Q:I purchases a flat in 2013 and was given an allottment letter without any possession date. I wanted to register the property but within three months builder stopped work completely. even after 4 years the project is less than 15% complete. I want refund but builder says he will pay in installments over the next 4 years with 10 percent deduction. in worse scenario dont mind the deduction but i want the builder to give me back my refund in one go so that i can invest elsewhere which he is refusing. Can i approach rera on the basis of allottment letter. please share your inputs
Latest Answer: You can also make online complain to RERA in your respective state through RERA portal. In order to register RERA complaint in Maharashtra, you need to go to the MAHARERA website and on the home page, you will find a link for Complaint Registration. You need the following information in order to file a complaint under RERA - a) The registration number and address of the project, b) Complaint statement and 3) expected relief
Q:I have purchased a plot where previous owner had already applied for building plan approval, prior to date of sale. That building plan for approved months after the sale. Can I use this building plan to construct my house? Or do I need to re-apply one with me as the new owner?
Latest Answer: Hi Sid,
By law, any planning permission granted expires after a certain period. Generally, unless your permission says otherwise, you have 3 yrs from the date it is granted to begin the development. If you have not started work by then, you will probably need to reapply.
Q:RERA will bring relief to the buyers only and only if the original act is implemented by various states without dilution. Ground reality is that most of the state govts are diluting the provisions of RERA to favor the powerful builders lobby who traditionally share the loot with the politicians.
Q:FGM - Committee has been selected into the first general meeting, later chariman resigned and most of the committee members have been changed without the GM or information to other members, is it legal.Committee have changed the members without election
Latest Answer: No comments on above mentioned points. Under the Cooperative Societies Act, a proper procedure has been laid down for conducting elections to appoint a managing committee. Ideally, one must start the election process about two months before the end of the existing managing committees term. The latter needs to put forward a notice of its expiry and invite members to contest the next election.
Q:No the said exemption is only for residential RWA societies, for commercial it is applicable from INR 1, if the association is having aggregate turnover above 20 L per annual as per GST law.Regarding second query if the association is working as pure agent , where actual liability is of the unit not society, than not applicable however in you case connection is in the name of society and same is collected on actual consumption basis GST shall be levied. The commercial unit can claim the same as input if they are registered. ?