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Posted on Jan. 1, 2019, 9:59 a.m.

Father deceased on 1980 and create a registered 'will' for all his property to his son.can the daughters also claim the property? The son is now asking the other daughters to sign a no objection document.

Property Law  

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Posted on Dec. 5, 2018, 8:01 p.m.

My mother owns a property in varanasi which has got 9 rooms.
she has given 5 rooms on rent without lease agreement.
In one of the 5 rooms my mother's younger brother is staying with his family and we are not collecting any rent as they are financially not sound.

Recently we thought of selling that property and now he is creating nuisance and threatening us not to sell the property and also when we asked him to vaccate he is simply refusing.
Kindly advice us what to do in this regard.

Property Law  

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1 ANSWERS

Posted on Nov. 24, 2018, 1:55 p.m.

Any RERA compensation , ijust heard but not found any details regarding those. I am about to sign the sale agreements, where it mentioned if any delay compensation as per RERA rules.

Property Law  

Answer

Advocate Kishan Dutt Kalaskar Advocate Kishan Dutt Kalaskar

Dear Sir, Yes, you will get 10 percent. The RERA RULES are as follows and read its judgments on its following site. RERA: Homebuyers to get 10% penalty for delay in projects, but is that enough? There are a number of clauses in the Act that aims toward protecting the buyer's interest and envisage a transparent system in the real estate sector. In a bid to protect the interest of homebuyers as well as weed out non-serious and unscrupulous players from the market, the Real Estate (Regulation and Development) Act, 2016 (RERA) has proposed heavy penalties on builders who will henceforth either delay their projects or won't comply with RERA norms. For instance, RERA recommends imprisonment for a term which may extend up to three years, or fine which may extend up to 10% of the estimated cost of the real estate project, or both, in case of non-compliance with the Act. Moreover, in case of any structural defects arising within five years of handing over the possession of project to buyers, developers will be liable to rectify such defects without further charge. If a project is delayed, which has become the sector norm today, developers are required to pay 10% interest to the buyers on the invested amount as against the Rs 5 to Rs 10 per sq feet penalty contracted in the sales agreement. It may be noted that a majority of developers are currently charging 12% to 18% going up to 36%. In some cases interest from buyers for any delay in payment, while they themselves usually pay in the range of Rs 5 to Rs 10 per sq ft even in case of a luxurious project, which is not a fair deal to buyers. https://rera.karnataka.gov.in/

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Posted on Oct. 6, 2018, 4:01 a.m.

Land owned by 3/4 siblings inherited and agricultural land. 2 siblings want to sell or split the land so they can have separate title to their share. The share in the land is undivided. What is the process to split the land, and timescale? There are no mortgage and no possession issue by 3rd parties.

Property Law  

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OTHER RELATED QUESTIONS:
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Posted on Dec. 5, 2018, 8:01 p.m.

My mother owns a property in varanasi which has got 9 rooms.
she has given 5 rooms on rent without lease agreement.
In one of the 5 rooms my mother's younger brother is staying with his family and we are not collecting any rent as they are financially not sound.

Recently we thought of selling that property and now he is creating nuisance and threatening us not to sell the property and also when we asked him to vaccate he is simply refusing.
Kindly advice us what to do in this regard.

Property Law  

  • No Answers Yet
1 ANSWERS

Posted on Nov. 24, 2018, 1:55 p.m.

Any RERA compensation , ijust heard but not found any details regarding those. I am about to sign the sale agreements, where it mentioned if any delay compensation as per RERA rules.

Property Law  

Answer

Advocate Kishan Dutt Kalaskar Advocate Kishan Dutt Kalaskar

Dear Sir, Yes, you will get 10 percent. The RERA RULES are as follows and read its judgments on its following site. RERA: Homebuyers to get 10% penalty for delay in projects, but is that enough? There are a number of clauses in the Act that aims toward protecting the buyer's interest and envisage a transparent system in the real estate sector. In a bid to protect the interest of homebuyers as well as weed out non-serious and unscrupulous players from the market, the Real Estate (Regulation and Development) Act, 2016 (RERA) has proposed heavy penalties on builders who will henceforth either delay their projects or won't comply with RERA norms. For instance, RERA recommends imprisonment for a term which may extend up to three years, or fine which may extend up to 10% of the estimated cost of the real estate project, or both, in case of non-compliance with the Act. Moreover, in case of any structural defects arising within five years of handing over the possession of project to buyers, developers will be liable to rectify such defects without further charge. If a project is delayed, which has become the sector norm today, developers are required to pay 10% interest to the buyers on the invested amount as against the Rs 5 to Rs 10 per sq feet penalty contracted in the sales agreement. It may be noted that a majority of developers are currently charging 12% to 18% going up to 36%. In some cases interest from buyers for any delay in payment, while they themselves usually pay in the range of Rs 5 to Rs 10 per sq ft even in case of a luxurious project, which is not a fair deal to buyers. https://rera.karnataka.gov.in/

0 ANSWERS

Posted on Oct. 6, 2018, 4:01 a.m.

Land owned by 3/4 siblings inherited and agricultural land. 2 siblings want to sell or split the land so they can have separate title to their share. The share in the land is undivided. What is the process to split the land, and timescale? There are no mortgage and no possession issue by 3rd parties.

Property Law  

  • No Answers Yet

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