Q:HiI am in the process of buying a resale flat in Kandivli Area. It is a 2BHK flat.Here is the situation:- Original agreement from Builder to first owner had 3 flats each of 210, 235 and 195 sq ft carpet area- However, the building was constructed differently for some reason and all 3 flats were combined into 1 with total carpet area of 720 sq ft- Agreement from Builder to first owner has 3 separate agreements with 210,235 and 195 sq ft- Agreement from First builder to second builder has 720 sq ft carpet area- Society NOC provided at the time purchase made by second owner has 720 sq ft carpet area- Index 2 page has 720 sq ft carpetMy concern is why is there a difference between original agreeement and all other agreements. Also, is it safe to go ahead with the deal? Are there any other documentation that I should be checking to be extra sure on this?Please adviceThank you and good luck!
Q:Hi! I had bought two units in Imperial Heights, Goregaon W, Mumbai in 2015. The handover has been delayed repeatedly and last year in RERA the builder had declared June 2019 as handover date and now they are applying for extension to June 2020 to RERA. We can't afford paying rent and EMI every month. What is the legal recourse that can be taken?
Latest Answer: The RERA authority may extend the registration granted to a project on the basis of the facts of the case, where the delay in the particular project is not due to default on the part of the promoter. However, in any circumstance, such extension shall not exceed a period of one year. As this project has already get extension by the RERA authority, this time they will have to pay penalty and the compensation to the buyers.
Q:I purchased a under construction property in Oct. 2018 from a reputed builder and had it registered in the first week of December. As per my discussions with the builder I was supposed to avail loan for the next phase of disbursement in the 2nd week of Jan, for which I had received a sanction in November. By late Dec. I had got paid around Rs 25k for franking and other loan related charges and luckily I was able to negotiate a favorable interest rate on my loan. A few days before the disbursement I was informed by the bank that the builder has not submitted the ROC and they cant proceed ahead. Following which I promptly informed the builders team about the issue and they agreed that the issue is from there end which they will resolve in a few days and also waive off the interest that the builder would have otherwise charged for delay in payment of the disbursement. The builder also assured me that this is normal so I should not worry. However, after around a month of my initial raising of the issue, the issue was not solved and was informed by the builders team that the issue from there end will take another 20 working days which means somewhere in March. The problem is my loan sanction ends in Feb and my banker has informed me that I will have to re do the entire loan sanction process if disbursement is not done in Feb. This means I will end up paying again 1) Processing fees 2) Loan documentation charges such as franking etc 3) Higher interest since the bank will not offer me the discounted interest once again (Please note here I am talking about the difference in spread over the reference rate, which means I am losing out significant amount in EMI all things considered). I have already notified the builder through email and asked them to either complete documentation before my end of the sanction or pay for all the above mentioned three costs since the delay is entirely from his end.Am I justified in my demand and what recourse can I take to ensure that I dont end up paying a significant amount in re sanctioning the loan again and higher interest rates for no fault of mine which the builder has also accepted? Should send a legal notice to the builder?
Latest Answer: In this case, you can take legal action. Consult a good property lawyer or, you can also file a suit in the consumer forum.
You can also make a complain with MAHA RERA as this project is under-construction and have RERA registration number. Now, RERA has become more active platform for buyers and take instant action.
Latest Answer: MAHA RERA has brought significant changes to the real estate sector by increasing transparency and accountability. Alongside regulatory compliance, it is also important for businesses to consider patent filing and trademark registration to protect their innovations and brand identity. For those seeking guidance in these areas, Brainiac offers professional support.
Q:My brother had a flat in virar . After his death, i got it transferred in my name in vvcmc along with waterbill, electricity bill name change. Now i have a small receipt from VVCMC of property transfer. The agreement still having my brothers name.What will be the procedure if I want to sell this flat.
Latest Answer: In these condition, you should apply for Legal ownership or succession certificate from Mumbai High Court. Without succession or legal ownership, it is difficult to sell that property. Even though your society has transferred their records in your name, it can not be clear title.
Q:What is the difference in formula for calculation of Maharashtra Ownership of Flat Act (MOFA) based carpet area and Maharashtra RERA based carpet area with regards to new residential flat in Mumbai?
Latest Answer: According to the RERA, carpet area is defined as the net usable floor area of an apartment, excluding the area covered by the external walls, areas under services shafts, exclusive balcony or verandah area and exclusive open terrace area, but includes the area covered by the internal partition walls of the apartment. A similar provision exists in MOFA with the difference that the percentage prescribed is 20 percent in place of 10 percent in RERA.
Q:Can I lodge a complaint to Maharashtra RERA against the builder regarding a property cancellation for giving the wrong information (the registration is still not done for the property, but we paid some of the amount before registration)?
Latest Answer: In simple words, the answer is yes. You can send a legal notice to them under the act of non-registration. If you require any kind of legal assistance to make a legal notice, you can log on to edrafter.in
Q:Last year, my father passed away. The share certificate in our flat in Mumbai had his name. He also added me as the nominee. So, the society should by now have added me in the share certificate. However, my society committee is a little slow and inactive in these matters. Is there some other channel through which I can get this transfer done? Like getting it done from some municipal office (thru an agent maybe)?
Latest Answer: You can also read this article to get the fair idea of it. These articles are based on Maharashtra Housing Society share transfer. Click these link in another tab and read it carefully. I am sure you will get the required information.
https://www.moneylife.in/article/how-to-transfer-a-flat-in-housing-society-or-chs/37469.html
https://accommodationtimes.com/documents-to-be-executed-and-signed-for-transfer-of-shares-in-a-housing-society/
https://blog.ipleaders.in/transfer-shares-society-case-study-maharashtra-ownership-flats-act-1963/
Q:If the builder has not mentioned the date of possession in written on allotment letter or on agreement then what is the clause or RERA rule to protect the rights of the flat buyer?Is there a compulsory defined period that is taken in consideration in RERA if the date of possession is not mentioned in writing?I have booked a 1BHK flat in August 2010 and the builder committed verbaly that the possession will be given in Dec 2013. It is still pending. This property is located in Mira Road, Mumbai.
