Sakshi Yadav | Legistify

Sakshi Yadav
Answered on 14 Oct 2019

Yes, she can transfer the property by the of Will. If she makes a will on your name stating that the property will belong to you and registered then you can be legally entitled to the said property.Read More

Posted on 10 Oct 2019 | 1 Answer

Advocate SUSHIL KUMAR TIWARI | Legistify

Advocate SUSHIL KUMAR TIWARI
Answered on 13 Oct 2019

You need to check the GPA which in favour of your father. If is not. confirm to the same. You can approach the Registrar's office where the property is situated. Finally, if party 1 is not satisfied, then you can file the declaratory suit against the party 1 and demand the injunction in this suit.Read More

Posted on 02 Aug 2019 | 1 Answer

Aayushi Sang | Legistify

Aayushi Sang
Answered on 13 Oct 2019

An agreement to sell is a contract between the buyer and the seller of a property. Like any other contract, this deal, too, can go awry. This is why it is important for both the buyer and the seller to give due consideration while making or accepting offers. You must know your rights in case the other party fails to honour the agreement. From The Seller's Perspective: What was the clause in the contract regarding the failure on the part of the buyer to make the payment? Is there any clause which states that the balance money would be paid only after the buyer is satisfied with the title of the property? Is there a clause that you can issue a legal notice to the buyer for cancellation of the agreement and seek damages? Is there any clause stating that the buyer can renege on the agreement if he fails to get the home loan? Also remember that if it is a registered agreement, a deed of cancellation will have to be executed by both the parties. Only then can the property be sold to the third party. On the other hand, if the buyer refuses to agree for cancellation of a registered agreement, you can file a suit for specific performance to make the balance payment. From The Buyer's Perspective Here, too, the same set of rules apply. A buyer also has to refer to the sale agreement and look for the relevant clauses. What is the clause in the contract regarding seller backtracking from the deal? Is there any clause that states the seller can cancel the deal if certain conditions are not met from his side? Can you issue a legal notice to the seller for cancellation of the agreement and seek damages? In a nutshell, the buyer or the seller may seek breach-of-contract money damages when the other party fails to complete the sale. If a seller defaults, he must return all deposits, plus added reasonable expenses, to the buyer. The other party may also seek to compel the erring party to complete the deal under specific performance. From a buyer's point of view, it is advisable to get the sale agreement registered.Read More

Posted on 03 Oct 2019 | 1 Answer

Dhriti Dewan | Legistify

Dhriti Dewan
Answered on 12 Oct 2019

In such a case you can file a case in High Court for which you can consult a property lawyer in India.Read More

Posted on 17 Sep 2019 | 1 Answer

Saachi Khurana | Legistify

Saachi Khurana
Answered on 12 Oct 2019

You can have a consultation with a property lawyer for the same and then your lawyer can also talk on your behalf with the other party to obtain the documents.Read More

Posted on 06 Oct 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 13 Oct 2019

The projects covered under RERA include: Projects developed with an area more than 500 sq meters or have more than 8 units with all phases combined. Projects for which the Commencement certificate is obtained after the implementation of the RERA Act. However, registration with RERA is not required for the following projects as per Section 3 of the RERA Act: Projects with an area of land not exceeding 500 square meters and the number of apartments does not exceed 8 units. When the Promoter has received a completion certificate for a real estate project prior to the commencement of RERA. Where the work involved is limited only to renovation or repair or re-development and does not involve marketing, advertising, selling or new allotment of any apartment, plot or building. Read More

Posted on 05 Sep 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 13 Oct 2019

No, you cannot lease someone else's property without the actual owner's permission. Similarly, you cannot make changes to someone's property without their authority.Read More

Posted on 12 Sep 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 13 Oct 2019

The best RERA experts in India say that a refund with interest is viable only in cases when there are no chances of the construction getting completed in the near future. When the homebuyers have been waiting for the possession that was promised to be delivered years ago, the feasible way to proceed with the complaint is to cancel the booking and seek refund from the builder. Asking for a refund is also the best relief for homebuyers when it is clear from the state of construction or capacity of builder that the project will be completed for many years. In such case, a homebuyer can file a complaint under RERA to claim a refund from the builder under Section 18 of the RERA Act. Section 18 of the Act states that if the builder fails to complete or is unable to deliver the flat possession in accordance with the builder-buyer agreement or due to discontinuance of his business as a developer on account of suspension or revocation of the registration under RERA Act or for any other reason, the homebuyers can withdraw their bookings from the project. Under Section 18, the builder is liable to return the amount received from the homebuyers along with an interest for every month of delay. Also, if the buyer does not wish to withdraw from the project, the Act also allows the buyer to file a complaint under RERA and claim interest for the entire period of delay until the possession is delivered by the builder. Read More

Posted on 18 Sep 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 13 Oct 2019

No, you can ask for the documents before its completion. When the builder is refusing to provide the documents, you can send a legal notice to the builder with the help of a property lawyer in India.Read More

Posted on 23 Sep 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 13 Oct 2019

You need to obtain a permission certificate from LDA to sublease the property. If the LDA gives you permission, then you can legally give the school property on rent/lease.Read More

Posted on 13 Sep 2019 | 1 Answer