Real Estate India, Residential Commercial Real Estate Properties India

Question asked by Mr Gautam Dutta: Hi, Recently, I have brought a property where after completion of sale deed builder is charging extra money for registration saying it was an approximate. But where as during the time of booking there was no approximation mentioned in the form and proof of which is the carbon copy. After booking of form they have manipulated the original form by writing approx on the right hand side of registration cost which is clearly not there in carbon copy. Second thing they have issued a letter for remodeling of house which they are delaying or trying to skip. They are charging money for extra registration cost as well as I may have to incur some loss for remodeling otherwise they are threatening not to give the possession certificate and parking allotment. Where as in Sale deed a covered area parking allotment is mentioned and they have already taken money for that. What all legal action can be taken for this and how long it can bother me? With Regards Mr. Gaut...

Question asked by Mr Mishaal from Africa: HI, I am a person of Indian origin but me and my family have been in Africa since 2 generations. My mother was born in India but we are unable to trace her birth certificate. I have my 1st cousins in India in Bombay. Is there any way in which I can be elegible for a PIO card. If not, what is the alternate option for Investing in India Regards Mr Mishaal, Africa Vatsala Answers: Getting a PIO card is secondary. A person of Indian origin is defined as a person who has held an Indian passport at any time, or whose father or grandfather was a citizen of India. A person of Indian origin, can purchase property (except agricultural land) anywhere in India. No formalities are required except when sale proceeds are to be repatriated. Funds for purchase should be routed through normal banking channels. Spouses of Indian citizens are not considered as PIO’s. Vatsala http://www.atoneplace.com For more information, kindly visit at Real Estate India or Onli...

Question asked by Rajesh Padmanabhan from Los Angles, California: Hello Vatsala Madam, My name is Rajesh Padmanabhan, I'm basically from chennai and I'm currently living in Los Angeles as an NRI. I currently in need of a Legal consultation and support from a Real Estate expert lawyer in India who could help us with our current situation. Myself Rajesh Padmanabhan, my brother Mohan Padmanabhan who too lives here in CA are and our Mother Meera Padmanabhan who is living in chennai have bought individual homes in a Gated community in chennai outskirts, the gated community is called PARSN's "RENASCENCE" and it has been promoted by Parsn Urban Development Ltd. 129 Parsn Villa, Luz Church Rd., Chennai, , India ()4424991734, 4424995988 fax, http://www.parsn.com The size of the land of each of this three individual house is varying in size from 2200 sqft - 3000 sqft approx. After registering the land from the promoter Parsn to our individual names in early 2006 through ou...

Question asked by Divya k c from BangaloreUS: Respected Mam, My name is Divya k c, I'm basically from Kerala and I'm currently living in Bangalore. I am currently in need of a Legal consultation and support from a Real Estate expert lawyer in India who could help us with our current situation. Myself Divya k c, my Husband Sinoj Nair who too lives here in Bangalore have bought an Appartment in Bangalore, from the Multi Group Builders. The size of the land is 1350 sqft approximately .After registering the appartment to our individual names in late 2007 ,we singed a construction agreement with the promoter to build and deliver the house to us. We have financed the appartment through housing loans. The builder is now close to handing over the possession of the properties and there is one issue at this point. 1) There has been around 3-4 Lakhs that's been collected by the promoter for each of these properties towards Sales & Service Taxes. This community development at the c...

Question asked by Mr Rajesh Padmanabhan: My name is Rajesh Padmanabhan, I'm basically from chennai and I'm currently living in Los Angeles as an NRI. I currently in need of a Legal consultation and support from a Real Estate expert lawyer in India who could help us with our current situation. Myself Rajesh Padmanabhan, my brother Mohan Padmanabhan who too lives here in CA are and our Mother Meera Padmanabhan who is living in chennai have bought individual homes in a Gated community in chennai outskirts, the gated community is called PARSN's "RENASCENCE" and it has been promoted by Parsn Urban Development Ltd. 129 Parsn Villa, Luz Church Rd., Chennai, , India ()4424991734, 4424995988 fax, http://www.parsn.com The size of the land of each of this three individual house is varying in size from 2200 sqft - 3000 sqft approx. After registering the land from the promoter Parsn to our individual names in early 2006 through our PoA and then we singed a construction agreem...

Question asked by Mr Pankaj Shrivastava: I have purchased a flat at Kalyan, Maharashtra. At the time of booking it was told that all the trivial issue would be taken care of however now they are backing out. Some of the issue that I’m facing is listed below please let me know what kind of legal action can be taken. For their safety they have no prints / brouchers etc. Issues: 1. Irregularity in color shade of Bathroom tiles. 2. No night lamp point in Bedroom 3. No electric point for dining area 4. Electric point placed just beside the shower 5. Broken titles in Bathrooms and living room. Mr. Pankaj Shrivastava Vatsala Answers: If the builder has not specifically undertaken to give night lamp point, electric point in dining area, it cannot be enforced. However, the broken tiles and electric point just below the shower can be rectified by going to the Consumer court (within the limitation period) as it will constitute deficiency in service.Vatsala http://www.atoneplace.com For more infor...

Question asked by Mr Sanjiv Jain from US: I booked I have booked one 3 BHK flat in a new construction building and I’ll get possession in 6 months. This Flat has two numbers allocated to this (303+304). I checked with builder about the floor plan as approved by the corporation and found that this 3BHK is actually created by combing two 1 BHK flats. Builder told me that once building construction is over, he will get plan re-approved as per modified structure. According to him, I need to go for only single agreement of purchase and registration/stamp duty. I want you opinion on this. Should I go for this agreement? Will I get single loan on this property or that will be treated as double home loan even if I go single agreement? Mr. Sanjiv Jain, USA Vatsala Answers: As long as the modifications from sanctioned plan are internal, it will not amount to FAR violations. Hence you can proceed with the purchase. You should make sure that the builder gives you the Khata for your flat (in the na...

Question asked by Mr Amalraj from Bangalore: Dear Madam, This is Amalraj. I live in Bangalore and i need your advice on Transfer of property. I do own a small piece of land measuring 29' x 18' with House constructed on the land. The Original owner of the land had made Irrevocable GPA on my Mother's name for the land and based on that construction was carried out and after death of my Father, my mother decided to register the House in my Name for which the Khata was as Holder (in my Mothers' name) and with consultation of an advocate GIFT Deed was done in My name at Domlur Registrar Office in Bangalore and after that property tax was paid every year as usual. Since the Property Tax receipt was still in Holder's name, I requested the Corporation Office where i used to pay Property Tax to change the receipt to my name giving them a copy of the Gift Deed done. It is now after this I was told that the person Holding GPA and being a Holder in terms of Khata cannot make a ...

Question asked by Mr Vivek from US: I am planning to buy a BDA Site in Bangalore. i want to know how to get a loan for that and what will be the terms and conditions from the bank Mr. Vivek, USA Vatsala Answers: To get a loan sanctioned for a BDA site, if it is a first time allottment, the allottment letter from the BDA should be given to the bank along with other formalities like your salary certificate, etc. If it is re-sale, then you should furnish the allottment letter, possession certificate, lease cum sale agreement (if applicable), sale deed, khata, tax paid receipts and encumbrance certificates. After inspecting the originals, the bank will sanction the loan. Vatsala For more information, kindly visit at Real Estate India or Online Real Estate Video .

Question asked by Mr Narayan Bhagavatula from Fremont, California: Hi Vatsala, My mother (75 yrs) has purchased an apartment in Hyderabad on March 21, 2006 , paid full amount and the seller and builder have acknowledged receiving the amount and my mother is in possession since March 21, 2006. But the Seller and Builder have refusing to register the property in her name. We have sent out notice to both 2-3 times. Can we pursue the case in Consumer Court ? Does Consumer Court have jurisdiction or powers to enforce the registration process ? I briefly read Consumer Act of India and felt it covers only movable goods and deficiency in services. I live in USA. I will appreciate any inputs from you. Thanks a Lot. Mr. Narayan Bhagavatula, Fremont, California Vatsala Answers: You can move the Consumer court only for deficiency in services. You should move the concerned civil court for specific performance. Vatsalahttp://www.atoneplace.com For more information, kindly visit at Real Estate India ...

Question asked by Sanjay: Is it compulsory to Register Sale Agreements/ Documents of ownership flats? Vatsala Answers: No, Sale agreements are not compulsorily registerable documents. They can be optionally registered. Majority of such agreements are not registered. For more information, kindly visit at Real Estate India or Online Real Estate Video .

Question asked by Arjun: I am planning to buy a plot in devanhalli area in Banglore. I have been told that there is inadequate supply of water in the area. At the same time there is a lot of residential and commercial development happening in the area. Assuming that in a few years the water supply is not made, but these plots have been registered, can I sue the Bangalore water and sewage supply board for lack of water? Vatsala Answers: The Bangalore Water Supply and Sewerage Board (BWSSB) is the premier governmental agency responsible for sewage disposal and water supply to the Indian city of Bangalore. The BWSSB undertakes to supply water only to areas coming within its jurisdiction. Besides, the layout should be approved by the proper authorities. Only then the BWSSB is responsible for water supply. However the law of torts is not very well developed in India and suing the BWSSB for lack of supply may not get a favourable judgement, although you do have a cause of action on which you...

Question asked by Michael: I am an American. Can I buy Indian property? If yes then how? Vatsala Answers: A foreigner can purchase immovable property in India only by interfacing with the Reserve Bank of India for funding the purchase. For more information, kindly visit at Real Estate India or Online Real Estate Video .

Question asked by Dinesh: I am looking to buy a property from a builder in Bangalore. The builder has added single window charges, which include * Bangalore Water and Sewage Supply Board * Karnataka Electricity Board * Sales Tax - Taxes as applicable for sale of the property * Service Tax - As applicable5. Legal Charges - Charges for stamp paper, legal fees etc. My question is… why is the builder charging sales tax and service tax both? Also are there any other charges that will come to me later, other than those mentioned? Vatsala Answers: It has recently been clarified that service tax is not applicable to builders. Hence you no longer need to pay service tax on your apartment. You may have to watch out for khata transfer fee, car parking charges, maintenance charges, club house fees, Association formation charges, etc., These can be clarified at the time of signing the agreement. For more information, kindly visit at Real Estate India or Online Real Estate Vide...

Question asked by Ahmed from New Jersey, USA: "How long does it take to register a property and how much does it costs?" Vatsala Speak: The time taken for title inspection varies from 3 days to 7 days, depending on the documents made available. The process of taking a bank loan may take 3 weeks to a month. The costs associated are lawyer’s fees, agent’s fees, bank loan processing fees, stamp duty and registration costs and in case of flats, other costs like various deposits and car parking charges, tax, etc. For more information, kindly visit at Real Estate India or Online Real Estate Video .

Question asked by Alok from Santa Clara, USA: "Hi, i am planning to buy a property in Bangalore but I am not clear about what documents I need to register a property in India? Can you help me with the registration process followed in India?" Vatsala Speak: The documents required differ if it is an agricultural land, flat, independent house, etc. Generally speaking the sale deed can be registered with supporting documents like Khata (called by various names in different parts of India), tax paid receipts, General Power of Attorney if applicable, Sanctioned plan if it is an apartment or house, parent document and conversion certificate (if property is in Karnataka). In additions some pre printed affidavits and forms should be filled up and presented along with the Demand Draft towards stamp duty and registration fees. For More information about Real Estate Properties , kindly contact us at Real Estate Company India .