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Real Estate Forum on Legal in Bangalore

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

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Q: My Uncle purchased a plot in 1995 from a person "A" through GPA and the GPA is registred. from 1995 to Till today my uncle didnt register property on anyone's name. Now, my uncle is wanting to register property on his son name. Can my uncle register property on his son name with out presenece of "A". We know the person A is alive and he has also not sold the same property to anyone from 1995 to till date. Does "A" needs to come and sign the registered deed which my uncle is plannign to do on his son name. Would the deed be valid if we register with out presence of "A"
Latest Answer: Ravindra said it right, for registration of the property Mr/ Mrs A is required. To get a fair idea I would suggest you to take advise from a legal expert.
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Q: Based on the recent Delhi High court order - the service tax paid for under construction apartment will be refunded with 6% interest.

Can you let me know how do I request for a refund ?
Latest Answer: Thanks Rakesh. Is there a procedure to claim the refund from the revenue department? what documents to be submitted? your help is appreciated.
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Q: VIRANI LAKE MIST, Friends, I would like to bring the reality of Virani Builder (Vijaya Constructions). Beware of planning to book any flat in this project, don’t waste your hard earn money. The below is the few truth where you’ll have the detailed picture –

1) The Legal and Axis Bank Loan document says they have the approval for G+3 floors but, they have constructed G+4 Floor. 4th floor is the illegal construction or can be considered as pent house.
2) If you are willing to go for SBI approval then pls forget about SBI, you’ll not get any loan approval as this is highly deviated project. They have only one bank approval i.e. AXIS also Axis will not approve for 4th floor flat loan.
3) Virani concerns are claiming that they are providing the OC (occupancy Certificate) but, for sure they will not provide the same due to deviation and the same is already advised by the Advocate/Property Expert. They are not ready to mention the OC part in the Agreement.
4) Mr. Santhosh Babu was working in Sales and was the employee of Virani he cheated many customers and sold the flats with false commitment and absconded from Virani. Also he was trying to convince the customers to buy other projects where his friends are working. Now “Triaxis Colonnades” is taken the marketing responsibility headed by Ms. Sindhu and Mr. Suresh (Husband and Wife) and they have instructed their Sales team to hide most of the facts of Virani and sale the flat with false commitment.
5) Pls click the link for the legal document of Virani Lake Mist –
Click Here for Legal Documents Lakemist

6) Also this builder has many case in Karnataka high court pls click the link below for proof –

(a) http://judgmenthck.kar.nic.in/judgments/bitstream/123456789/936137/1/CMP17-14- 10-04-2014.pdf
(b) https://indiankanoon.org/doc/7067418/

7) Most important for all flats the carpet area is only 60% to 64% which is very less. Across India no builder will give such low carpet area. If you have the plan and broucher pls check the same also the plan dimensions are not designed correctly.
8) Virani/Vijaya Constructions is the partnership business between Mr. Tushar Senghani (Virani) and Mr. P. Rakesh (Vijaya Constructions) in this partnership the first project is JRK Garden, TC Palya, KR Puram, Bangalore where there are many dissatisfied customers as the builder is not delivered as per the commitment, Deliver the project after the commitment date, Bad Construction quality, not provided the OC etc.
9) No Sales staff including the Management staff is clear where they are going to construct the Club House and GYM, in Basement or Ground Floor or Terrace you’ll get difference version of the response from different Sales staff.
10) While doing the all the verification not even one positive response we have received regarding this builder. There is high chance this builder will take money and run away.
Latest Answer: OC is a mandatory documents and if they are not providing OC that means the construction is not according to the approved plan and the legal authorities can take up demolish drive any time like Campa Cola project, in Mumbai
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Q: The builder has BMRDA approval only. Building has to be approved from BDA and BBMP?
Latest Answer: You can call on this toll free number (1800) (180) (180) (180) Or You Post your Requirements to get matching properties details on your Email and Mobile.
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Q: Under KSRA 1960, who can be the members?
In my layout, how can I reject membership?
Latest Answer: What is the Eligibility to become a member in Society which is formed under KSRA 1960. Normally the whole layout members will be treated as Members based on Flat/plot ownership. I am sure that is not correct. So, want to know who can be members of Society? If, I am not planning to be a member, what clause I can point in Society Act to reject the membership or not to be part of the society.
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Q: Projects look good, but we have doubt katha, approvals and number of approved floors. If any one brought flat in Cassia, please share your experience.
Latest Answer: We had got legal opinion done. As per lawyer the title, katha etc. is clear. Regards approvals, best to contact builder directly for copy of approvals
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Q: When we moved into an apartment, we paid the monthly maintenance based on the square feet of the flat to the builder. However, after forming the apartment residents' association, a few people are arguing that the maintenance charges should be equal for 2 BHK and 3 BHK flats. Can it be possible?

I understand that maintenance cost determines the number of square feet one occupies and Undivided Share (UDS) that each apartment possesses.

As a simple rule, 3 BHK will have an extra room and the UDS is more than the 2 BHK flat. So it should be based on the square feet each apartment has.

The 3 BHK flat owners argue that even they have equal number of bathrooms compared to 2 BHK. Here the question is not only the bathroom. The extra room consumes the electricity when the DG is On, they use resources like water to maintain the extra room. The 3 BHK owners also pay the taxes based on the number of square feet they own. When it comes to the maintenance payment to the society, why should it be different?

Please advise.

Thanks,
Madan
Latest Answer: Maintenance charges depend on square feet of each apartment or flat. Under this method, rate or fee varies depending on square feet owned by apartment owners. Larger the square feet owned, higher will be monthly maintenance fee. This is widely practiced in Apartment societies with different sizes of apartments. The general logic behind being that since you have bought the flat based of the sq. ft.area, you must pay the maintenance on the same basis.
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Latest Answer: Hi Suhas, As far as I know the project is expected to get completed by August this year. Have you check with the builder about the possession date?
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Q: Hi,
Can anyone suggest a legal consultant for Sale Deed verification of Bhartiya City Nikoo Homes II.

Thanks
AB
Latest Answer: Hi Ajay, You can check https://www.commonfloor.com/services and check the categories according to your requirement.
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Q: Hi Friends,
Wanna buy a 3 bhk flat in sonesta i-wood in Block - E, Pls advice is there any issues in this project also whether this is legally clear titles?

Pls call me or mail me ASAP.
Latest Answer: Hi Ranjeet, I have read that the project is facing lots of issues such as water seepage, OC not available, lift does not work and much more. I would suggest you that before buying a property here cross check each and every documents and if possible try talking some of the owners already living in this project so that you can get a fair idea.
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