Tuesday 13 June 2017

APARTMENT FLAT OR VILLA CANCELLATION DEDUCTIONS AND PROCEDURES

                                                                  Image Source: Google Images

As per the general practice under the law, if any customer would like to cancel a flat that is liable to deduct 5 to 10% amount on total consideration value or booking amount as per the terms of the contract or agreement. Moreover, exemption of deduction amount towards cancellation flat charges is left to the builder discretionary power in the presence of contract.

However, in the absence of any clause in this regard, you need to verify the application form's terms and conditions which might have been printed in back side. Per contra, if the application's terms and conditions stating favorable to the builder and were totally arbitrary and constituted unfair trade practices and in the absence of agreement executed between the parties, no certainty in this transactions. In case if they didn't mention any clause in this deal that you can issue a legal notice to the builder by saying cancellation of flat and claim refund total amount. Later, the builder may deduct some amount as general practice. Later, you can accept the deduction amount under protest and claim the deducted amount before the Consumer Forum under deficiency in service and unfair trade practice as your legal right had not documented. As per the legal requirement, any money transaction towards service provide under real estate shall be follow minimum legal formalities example: Agreement, Receipts, undertaking letter, Flat booking details etc.,

Moreover, in the event of the builder has not issued receipt for payment made by the customer
that would attract cheating offence committed by the builder under Section 420 of IPC as paid amount was not documented. You can lodge police complaint with respect to the same for future correspondence. And you can highlight this point before the Consumer Forum under Unfair Trade Practice.

For more clarification contact legalravibt@gmail.com

Tuesday 6 June 2017

How do I detect "A" Khatha and "B" Khatha by verifying Khatha Documents in Bangalore?

There is no concept of "B" Khatha in the eyes of law. However, some properties will be registered in Form "B" Property Extract Register, when a properties are not eligible to issue Khatha Extract and Certificate (A Khatha as you aware)from the BBMP/BDA by virtue of violation of bye laws and rules and regulations Example: Deviation of Approved Plan, No Conversion of Land etc.,
A Khatha include : Khatha Extract and Certificate ( For legal buildings and sites)
B Khatha include: Form “B” Property Extract(For Illegal buildings and sites)
BBMP LIMITS
Khatha Extract and Khatha Certificate would shows the status of the property is coming under the A Khatha with the below descriptions viz,. You can verify the documents by following methods viz.,
Khatha Certificate
First Heading: BBMP (Kannada Language)
Second Heading: Certificate/Pramanapathra (in Kannada) issued by BBMP AND it shows the Khatha holder name and property number with measurement
Certificate Picture For Your Perusal
Khatha Extract
First Heading: BBMP (Kannada Language)
Second: Revenue Department (Kannada Language)
Third: House and Vacant Site Register Book (Kannada)
Moreover, it shows owner name, property number, khatha number, measurement, Betterment Fee instructions and conditions etc., All the contents have been printed with Kannada words..
Katha Extract: Blurred Image just for your perusal.
'B' Extract Register would shows the status of the property is coming under the 'B' Khatha with below descriptions viz.,
First Heading: BBMP (English Language)
Second Heading: Form "B" Property Extract Register
Moreover, it shows owner name, property number, khatha number and measurement. All the contents have been printed in English language.
B- Khatha Extract - Image not clear (For Privacy Reason)
You can visit the local authority to verify as to whether issued certificate is A Khatha or B Extract if any doubt?
VILLAGE PANCHYATH LIMITS (ANEKAL,BMRDA,DEVANAHALLI LIMITS ETC)
Form No. 9 and Form No.11 will be issued for Genuine and Legally Valid properties
Form No. 11B could be seen in B Khatha( Irregular Properties) which will be issued for illegal properties.
Property owner name, measurement, Schedule, Documents/Title sources, conversion details, owners photo, property photo and property ID number could be seen in form no. 9 and 11 and 11B
For more clarification, send mail request legalravibt@gmail.com