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Real Estate Forum on Legal in Goa

Real Estate Property Discussion Forum and Guide to Real Estate Queries in Goa

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Q: A property developer has submitted his contract ( without provision for a deposit) to buy the family ancestral home. There is no original purchase contract as it is many years old. All documents for sale (property ID, govt forms, etc) are all in order.
Is there a contract I can find to check the pitfalls or can anyone help me with what I should look out for in this contract?
How would Capital gains tax be calculated without original purchase documents (grandmother has passed many years ago)?

Latest Answer: Hi Alan, I think you should take the help of a legal expert on property related matter. I am sure they will provide you the genuine solution to your problem. Thanks
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Q: Stamp duty of over a lakh of rupees was paid in 2015, the deal didnt go through because of some changes in the building plan by the builder. Now can we get a refund of the stamp duty? the builder has refunded the money advanced.

Latest Answer: HI Martha, You can visit this site for refund of Stamp Duty. Copy this link and open in new tab, you have to fill up this application form for refund of your stamp duty. https://appl1igr.maharashtra.gov.in/refund/RegisterRefund.aspx?query=1
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Q: We are 2 sisters and one brother.
Our brother claims that our late parents property in Goa has been transferred to him by virtue of a gift deed.
He refuses to show us this gift deed stating that he is now the heir and has the right to choose not to show us these documents.
How can we find out if this gift deed is registered?
Appreciate any advice.
Thanks.

Latest Answer: Hello, Your brother have to show the gift deed in which it is mentioned that the property has been transferred to him, he cannot claim just like that. At this point of time when he is not ready to show the papers, you can consult a legal expert and proceed further. I do not think there is any other option left.
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Q: they are not releaseig my original document as the seller has not paid the tax. how can i get my documents as this is mot my problem. i have paid stamp duty and registration.
Latest Answer: Hi, I think before going to any agreement, it is necessary to check all the document carefully. I would like to suggest you to have a thorough discussion with the owner. Also, you can consult a reputed lawyer to know about the legal aspects.
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Q: what should be taken into consideration in provision of TDS on property?

Latest Answer: Hi Leena, The buyer of the property is responsible for the Tax deduction of about 1 per cent on the transaction amount.
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Q: is it possible to make an Agreement to Sale with Sale Deed in single document for residential property

Latest Answer: Hi, There is no prescribe format for an agreement to sale in respect of residential property. you can attach Agreement to sale and sale deed in single document by adding main clause of both the Agreement. but it is advised to get both document separated as this is legal matter and time to time you need this document separate.
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Q: I feel confused about the distinction between Co-op Hsg Society & formation of an Association for FLAT owners in Goa. Do Karnataka laws apply in Goa? Do the Byelaws 2009 cover Goa and for forming an Association?

Latest Answer: The Bye-Laws can be framed by the Association itself and it will become applicable if it is signed by all the members of the Association and Registered with the Registrar of Socities. And nobody can challenge the Bye-laws there after. You can check this link for further information: http://www.mca.gov.in/Ministry/actsbills/pdf/Societies_Registration_Act_1860.pdf
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Q: As i have come to know it is actually illegal to sell the SBU but builders are doing it so, which is very disappointing specially for middle class who has to pay hefty loan interest as well, is there any way to avoid paying for SBU ?or if i buy the flat on that rate why should i again be charged for maintenance of the common areas which are sold to me once? why car parking is not included ? in every other country owner of the flat is eligible for one car parking but here it's sold again above all the false charges ,if we do not agree with the terms builder is imposing we will lose the deal and we go through it we will lose our life saving...i'm very disheartened to see such practice shattering the dream of every middle class family to own a house.
Kindly some one tell me if it is at all possible to avoid paying 35% extra for the area which is not even usable? or in the other world it is sold to every single flat owner once?

Latest Answer: What is loading factor? Is loading factor differ from state to state?
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Q: Is a NOC from a Society to transfer/sale a Flat a mandatory requirement by laws on the subject?
DS

Latest Answer: According to Indian Cooperative Societies Act, a person does not require a no objection certificate (NOC) from the society at the time of transfer or sale of a flat. It is not at all mandatory.
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