Prashant yadav | Legistify

Prashant yadav
Answered on 18 Mar 2020

If there is an illegal construction then, one can go to the municipal corporation of the city and can lodge a complaint with the proper procedure. The municipal corporation will send a notice to the residents/owner of the property. Also you can also file a complaint with police and can take help for illegal construction.Read More

Posted on 28 Feb 2020 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Yes, you are entitled to claim compensation in case of delayed flat possession under Section 18(1) of the Real Estate (Regulation and Development) Act, 2016, or commonly known as RERA.  Section 18 lays down that in case of a delay in possession where the dates were specified by the promoter at the time of the sale of the flat, but the possession was not delivered by the builder, the allottee or home buyer is entitled to recover interest from the promoter at the prescribed rate. For this, the home buyer can file a complaint under RERA against the builder with the RERA Authority of the State in which the property is situated.  A complaint against the builder begins with sending a legal notice to the builder with the help of a RERA advocate in India, to ask the builder to refund the amount paid to the builder, along with interest from the date on which the delay in possession began. The rate of interest is currently 12% and 18% when the builder delays possession even after the order of RERA. READ: Timeline Of A Complaint Under RERA Against A Builder However, an important thing to keep in mind is that RERA is not notified by all the states. In order to claim compensation from the builder for delay in delivery of possession when RERA is not notified by the state, you can file a consumer complaint against the builder. A consumer complaint against the builder is filed on the grounds of deficiency in service and you can hire a property lawyer in India to file your consumer case in the appropriate consumer forum. There are 3 types of consumer forums and a complaint is filed depending upon the total value of the matter, in your case, the value of the property. The three consumer courts are: District Consumer Dispute Redressal Forum: It accepts cases which have the total value of less than Rs. 20 lakhs. State Consumer Dispute Redressal Commission: It accepts cases which have the total value of more than Rs. 20 lakhs, but less than Rs. 1 crore. National Consumer Dispute Redressal Commission: It entertains cases which have the total value of more than Rs. 1 crore. If your property value is more than Rs. 1 crore, property experts suggest that a complaint with the NCDRC is better than a RERA complaint.  Also, you can file a consumer complaint against the builder by combining your application with other home buyers who are seeking refund from the same builder and filing a class action against the builder. ALSO READ: How To File A Consumer Complaint Against A Builder Read More

Posted on 15 Aug 2017 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

It is within the rights of the Municipal Corporation of Delhi while ordering a demolition of the unauthorised illegal construction of the building. However, since such construction is over two decades you can seek for a petition before the Court to prevent the demolition of such building. The High Court has from time to time passed decisions against the Municipal Corporation of Delhi concerning demolition of buildings. In the eyes of the High Court, such demolition only leads to hardship to the general public, hence it is jusified to seek remedy. Read More

Posted on 21 May 2017 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

As per the Delhi High Court, Municipal Corporations cannot emphasize over an NOC (No Objection Certificate) from remaining floor owners if one of them is getting an additional floor constructed. The Delhi High Court had repeatedly stated that asking for these NOCs is completely baseless in situations where a partition of the property has been done and one of the floor owners want to develop additional floor on top. A bench with members as Justice Anu Malhotra and Chief Justice Gita Mittal crushed the instruction of the North Delhi Municipal Corporation where it had declined a request for sanctioning of an additional floor construction plan on the terrace by the owners of first floor of a house only on the basis that they did not have an NOC given by the owners of ground floor. As per the observations of the bench, the claimants, who are the co-owners of the house where the construction of an additional floor will take place, had applied for a sanction of the same. The bench made it clear that in these cases, it is not mandatory to show NOCs from other floor owners. Giving the claimants a relief, the bench has clearly said that the municipal authorities have to concentrate on the fact that the construction that will be carried out should abide by every municipal law laid down. Read More

Posted on 07 Feb 2018 | 2 Answers

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

In order to withdraw your complaint under the RERA Act, you would need yourself and the builder to appear before the magistrate on the date of the hearing and reach a settlement right there in front of him. There are no specific provisions for the withdrawal of a complaint in the RERA Act, 2016 and doing this would effectively cancel the your complaint against the builder. Read More

Posted on 04 Nov 2017 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

  You should make a police complain as soon as possible. Under the Indian Penal Code, 1860, any unlawful entry into property in the possession of another with an intent to insult, annoy or intimidate another person is a criminal offence. You are legally in possession even though you may not physically occupy the plot. At the same time, a suit should be filed against the persons involved against such trespass. This will not easily yield a remedy but is important for the maintenance of your legal rights. In such suit, you should also ask for a declaration that the property belongs to your father and not any other person. The reason for this suggestion is that the land mafia then cannot legally transfer the property without your rights being considered.[1] Also, it may be helpful to file a caveat in the court i.e. a document that requires the court to give you a notice in case there is any suit filed in relation to this property so that if any person tries to deal with the land and there is any kind of litigation, you can join in and agitate your rights. Although under the law, you have the right to use reasonable force to eject the trespassers, I don't think while dealing with the land mafia this is a feasible or realistic option. Section 52 of the Transfer of Property Act, 1882 provides: During the pendency in any court having authority within the limits of India excluding the State of Jammu and Kashmir] Government or established beyond such limits by the Central Government of any suit or proceedings which is not collusive and in which any right to immovable property is directly and specifically in question, theproperty cannot be transferred or otherwise dealt with by any party to the suit or proceeding so as to affect the rights of any other party thereto under any decree or order which may be made therein, except under the authority of the court and on such terms as it may impose. Read More

Posted on 05 May 2016 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

An Apartment Owners Association is a statutory body that regulates and operates all common resources and amenities of the housing society. The residents have to enroll themselves as members of their apartment owners association or cooperative housing society to protect their rights and titles. As per the laws and rules in India, builders have the responsibility to establish the Association or housing society within 4 months of the sale of 60% of flats in the society. However, if the builder does not form and register the society, the residents hire a property lawyer  in Karnataka and form an association themselves. There are 2 laws in Karnataka that lay down the provisions for establishment of apartment owners association. Karnataka Apartment Ownership Act, 1972-The KAOA Act deals with residential apartments in Bangalore. If an association is formed under the Act, then each apartment becomes a transferable and heritable property with separate khata and specific undivided interest in land. The apartment buyers need to submit their apartments to this Act by executing a deed of execution Karnataka Societies Registration Act, 1960- In Bangalore, most of the associations are formed under the KSRA Act. The societies formed under this Act are for the promotion of charity, educational, science, art, literature or for the promotion of sports. The Act does not bind anybody who is not a member. A minimum of 7 members who are not less than 18 years are required to form an association under this Act. The flat owners' society formed under this act can be effective for the limited purpose of managing the day to day affairs of maintenance. Following are the requirements for formation of apartment owners association: Seven or more members who must be above 18 years. Memorandum of association with name and objects of association, details of members of governing body with name, address and occupation. By-laws (rules and regulations) of the association. Fee for registration. It is important that the builder has obtained the Occupancy Certificate as an evidence of completion of the project. Other documents required to form an owners' association include Deed of Declaration, NOC from different authorities, statement of maintenance deposit or corpus fund, address book of all the flat owners, R. R. number of all the flats, title deed, etc. A complete list of documents required can be obtained by consulting with a good property lawyer in Karnataka. Read More

Posted on 26 Sep 2018 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

No, sir. As the name RERA (Real Estate Regulation and Development Act) suggests, the act does not entail laws relating to agricultural lands/projects. No laws, be it in regard of selling of such a land or in regard to completion of an agricultural project in a specific time period, are dealt with by this act and the RERA Act, 2016 will not be applicable in your case. Read More

Posted on 30 Nov 2017 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

No, you cannot move to RERA if you already have a pending case in NCDRC. There is a comparison between remedies available under RERA and Consumer Protection Act and the forum needs to be chosen appropriately. Although, the consumer or the customer has both remedies available to him, he can approach only one forum at any given point of time. Since, your case is already pending in NCDRC, you cannot directly file a case under RERA right now. However, you can file a case under RERA if you withdraw your case from NCDRC, if your project was registered under RERA. An expert RERA lawyer can guide you better in deciding whether it would be reasonable to withdraw your case. Further,  the Real Estate (Regulation and Development) Act, 2016 was enacted to protect the rights and interests of the property buyers and to promote uniformity and standardization of business practices and transactions in the real estate sector. RERA strives to balance the interests of consumers and promoters by imposing certain responsibilities upon the real estate developer and to establish symmetry of information between the promoter and purchaser. RERA also aims to bring transparency of contractual conditions, set minimum standards of accountability and lay down a fast-track dispute resolution mechanism. The following projects are exempted from getting registered under the RERA Act, 2016: Any area of land exceeding 500 square meters. A project not exceeding 8 apartments. Any renovation, repair or redevelopment of a project. If the promoter has received Completion Certificate prior to the commencement of the Act. Read More

Posted on 02 Jul 2018 | 2 Answers

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Yes, you can confirm the current ownership of the registered land under the UP Bhulekh records. This can be done online by checking the Khasara Kahtauni number and the Jamabandi.  Jamabandi is a land Record of Rights (ROR) of a village. The Jamabandi Register contains name of owners, area of land, shares of owners, other rights, cultivation, rent and revenue and other taxes payable on land. It is known by different name like fard, parcha or many other different names in different areas, but most common name is Jamabandi. It was very difficult to get land related information like Records of Right, fard, Khasra Khatauni, Bhu naksha and other information. NLRMP program has solved this problem by developing a website. The website is developed by National Informatics Center (NIC Lucknow). The website is in Hindi and has very easy user interface. One can search bhulekh by Khasra number or khata number or name after filtering district, tehsil and village. First of all go to official website of Bhulekh UP (http://bhulekh.up.nic.in). Then click on “अपने खाते की नक़ल देखे.” Here you can see district names on the left hand side of the website. Select your district from the list. When you select the district from the list website, it shows you tehsil names of district selected. Now you have to select your tehsil name. Once you will select tehsil name it will show you the village names of selected tehsil. Next step is to select village name and click on “आगे” button. Now you can search land records with any of the following three options. Khasra number (खसरा नंबर अनुसार). Khata number (खता नंबर अनुसार) Name (नाम अनुसार)   Read More

Posted on 24 Sep 2017 | 1 Answer