I purchased a land in 1968. With regard to the same my grandfather was summoned by the local district court to produce the Original Copy of the registered Sales Deed in 1993 (he expired in 1994) pertaining to a civil suit among the two neighbours (later challenged in High Court and Supreme Court). Since then, we have not been able to find any original documents at home. But, we have a magistrate photocopy duly defaced as an exhibit bearing the number and signature. What does exhibit mean and where can I locate the Original Documents? Please advise.
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• You do not lose the title over the property simply because the original sale deed is lost. Apply for a certified copy of the sale deed from the jurisdictional Sub-Registrar. Apply for an encumbrance certificate as well - to ensure that the lost sale deed has not been misused. The only practical problem you will face is when you try to sell the property. The purchaser will have to be convinced of your title on the basis of the certified copy, in the absence of the original. It is advisable you consult a lawyer to help you deal with this matter.
I booked a flat in August '11. The actual possession date was in January '12. But till date the flat is not ready (5% is remaining). How can I claim reimbursement for my rent from the builder from January '12 till date? The builder is asking for service tax and VAT before entry into the flat. Can I enter the flat without paying service tax/ VAT or paying these taxes later?
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• Does your agreement with the builder have any clause on compensation due to delay? If yes, you may claim the same by approaching the appropriate forum. Please clear all payments before taking possession of the premises.
I booked a flat in an under-construction project in 2004, made an Agreement and registered in December 2005. It was mentioned that possession would be made in December 2006.The project was completed in 2011 and all the payment made but receipts are not issued by the developer. I met the developer several times but according to him he will give possession after getting OC (Occupation Certificate). Now he says he will give possession after getting the water connection. What is the process to get an OC.? How does one proceed further? Please advise.
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• Obtaining Occupation Certificate (OC) is a must-have document for those purchasing flats, before taking possession of their property. If you are denied the same, then the consumer court can come to your rescue. Distressed flat-purchasers have many precedents in their fight with builders, with the Consumer Forums noting that the OC is an essential requirement for a flat-buyer. The OC issued by the local municipality, stands for completion of the property as per the approved plan, so as to be fit for occupation, and should be in compliance with all concerned laws. To get an OC, builders have to ensure that there are no deviations in their structures.
What is meant by non FSI (Floor Space Index) area? Which area comes under this category? Can an open terrace come under this category, Is this area included in UDS (Un-divided share).
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• Non FSI area is like covered car parking area, 5% of the area covered under balconies, Space for generator, electrical room, association room, etc and it will always be a part and parcel of the main building only. FSI is not applicable to terrace areas.  |
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