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Division of Property

Posted by Tehseen Shaikh
0

Hi My father has 3 Acres of Ancestral Property and he has 1 acre of self Acquired property.We are 2 brothers and my father is favoring the younger son.In this case if my father has to divide the property what are the options. Can he decide to give more to younger son. If so can this be questioned in the court.I am the elder son and can I demand my father to divide the property equally to both the brothers.Does my father has the right not to divide the property amongst the 2 brothers​.​Please Advice?

Expert Advice:

Your father can will out his self acquired property to any body. As far as ancestral property is concerned you have share in the said property. if you demand share by approaching the court you will get 1/3rd share in the properties. But your father can will out his 1/3rd share in the ancestral property to any body.

Can my father sell the property and transfer the proceeds to a third person ?

Posted by Tehseen Shaikh
0

My grandfather had purchased property which subsequently passed to my father. My father has two sons, so eventually the property will be passed on to us. My question is, can my father sell the property and transfer the proceeds to a third person ?

Expert Advice:

I understand that under inheritance law, ancestral property cannot be willed to an arbitrary person, however can the ancestral property be sold without consent of the future successors ?

A: No, ancestral property be cannot be sold without consent of successors in case of major and in in case of minority you might have to take permission from the court. And if property disposed without consent can be reclaimed. So no need to worry except the wastage of time running from pillar to post in the court premises.

Aa: This property is not earned by your father so he can not sell it to anyone. According to succession law you and your brother are legal heir of your grandfather's property. So you need not to worry. If your father sell it to anyone you can claim it in future.

Issue on delaying possession of apartments

Posted by Raj Mehta
0

What are the steps to be taken if Builder does not give possession on time mentioned in the Agreement ?

Expert Advice:

There are usually  delay clauses incorparated  in the Agreement  which stipulate some penalty or payment of compensation till the time the actual possession is given . Further there is a specific performance clause and a termination clause  in the Agreement .In the event the Builder delays the possession of the flat beyond the stipulated date inspite of you  having paid the full amount , then you can send notice to the Builder asking for possession of the flat  in a specified time and thereafter seek remedies as per the aforesaid clauses before the Consumer Forum.

Legal Documentation

Posted by Pritam Kumar
0

I want to know where I can get development agreement. I wish to know which Government or Planning Authority has a copy of the development agreement made between a builder and the land owner ?

Expert Advice:

It seems that you are interested in developing a landed property for which you need a get a development agreement drafted. You dont get a ready format of development agreement with any Government or Planning Authority and the same has to be got done through a local lawyer.

Regarding buying of land

Posted by Harsh Naik
0

What Legal documents are to be checked while buying land ?

Expert Advice:
  • Legal check points for Land purchase. 
  • Whether title of the land is clear. i.e. it must contain the following documents:-
  • a) Ownership Documents.
    • i) Deed of sale/transfer/convey
    • ii) Deed of gift.
    • iii) Deed of family partition.
    • iv) Deed of Relinquishment of rights.
    • v) Will.
  • b) Description of the land from archives.
  • c) Inscription of the land from archives.
  • d)Survey Plan.
  • e) Form F and XIV.
  • f) Cadastral plan form directorate of settlement and land records.
  • g) Agreement from DSLR land Register.
  • h) Corresponding certificate that new survey no corresponds with the old cadastral number.
  • i) Deed of succession if the original owner has expired survived by heirs.
  • j) Inventory proceedings on the death of the owner who died without making any
  • testament/will.
  • k) Matriz Certificate.
  • l) House no, electricity and water bills in case of any existing structure/house in the said
  • m) Whether there is any mundkar/tenant for the said property as can be seen on For I and XIV.
  • n) Whether the property is in exclusive possession of the seller from whom the property is being purchased.
  • o) Whether the public notice has been published in leading newspapers to invite objections prior to purchase.
  • p) Whether the property is mutated in the name of the seller.
  • q) Whether the property is partitioned under Goa land Revenue Code so as to have independent survey number.
  • r) Whether the property is having conversion sanad.
  • s) Are there any areas of land Revenue, house tax, electricity, water bills unpaid.
  • t) Whether the technical check list is ensured to be cleared.
  • u) Whether there are any TCP Approvals for technical clearons/development permission/ and construction license by panchayat.
  • v) Whether there are NOC’s from Health Department/Department of Fire Prevention/Goa Pollution Control Board/ Environmental Clearance form GCZMA etc.
  • It is extremely necessary to check all the documents before buying a property so as to avoid all the problems post buying a property. 

NRI Investment

Posted by Kailash Gupta
0

I live in Canada and want to purchase a Flat in Goa for long term investment? Please advice ?

 

Expert Advice:

It is a good decision you have taken to invest in a flat in Goa. Everybody wants a piece of cake in Goa. You have to consider the following factors while making long term investments in flats:

 The sale value of flat  varies from Rs. 40,000/- per sq.mtrs to as high as  Rs.1,00,000/sq.mtrs depending upon area to area .   Therefore you must see the potential future growth of an area in the years to come. For instance , flats in areas in  North Goa  such as Calangute, Candolim which are close to beaches  have high rates  but flats in areas such as Anjuna, Assagao , Parra , Siolim, Morjim etc are still available at reasonable rates which have great potential for  appreciation in flat values in  a period of about 2-3 yrs from now. The second criteria is to buy a flat with reputed ISO certified builders and in a gated community with  life time maintenance with amenities such as gardens, pool , parking , club house , buildings with green norms. Such flats will yield you good returns in future. Thirdly , you can  watch out for flats with good views. Last but not the least , Kindly get all title documents , approvals, permissions checked from the local lawyer. If you need our recommendations , we will be happy on forward the same to you on request.

Ongoing rates in Vasco

Posted by Bonita Fernandes
0

I want to buy a 2BHK Flat in Vasco in Goa.What is the price per square feet ? Is the price going down in this area or not ?

Expert Advice:

Vasco is called the port City of goa. Average rate of a apartment is around 45000/sqmt or 4200/sqft. So Regarding price, there has been some dip in prices recently due to ban in mining activity in goa. Most investors/buyers in Vasco are related to mining and port activities. Once these business activities resume there may be rise in price.

Enquiry on Legal Documents

Posted by Domnic Pereira
0

Sir I want to purchase a Plot in Goa . So what are the legal documents required ?

Expert Advice:
  • It is extremely necessary to check all the documents before buying a property so as to avoid all the problems post buying a property. 
  • Legal check points for Land purchase. 
  • Whether title of the land is clear. i.e. it must contain the following documents:-
  • a) Ownership Documents.
    • i) Deed of sale/transfer/convey
    • ii) Deed of gift.
    • iii) Deed of family partition.
    • iv) Deed of Relinquishment of rights.
    • v) Will.
  • b) Description of the land from archives.
  • c) Inscription of the land from archives.
  • d)Survey Plan.
  • e) Form F and XIV.
  • f) Cadastral plan form directorate of settlement and land records.
  • g) Agreement from DSLR land Register.
  • h) Corresponding certificate that new survey no corresponds with the old cadastral number.
  • i) Deed of succession if the original owner has expired survived by heirs.
  • j) Inventory proceedings on the death of the owner who died without making any
  • testament/will.
  • k) Matriz Certificate.
  • l) House no, electricity and water bills in case of any existing structure/house in the said
  • m) Whether there is any mundkar/tenant for the said property as can be seen on For I and XIV.
  • n) Whether the property is in exclusive possession of the seller from whom the property is being purchased.
  • o) Whether the public notice has been published in leading newspapers to invite objections prior to purchase.
  • p) Whether the property is mutated in the name of the seller.
  • q) Whether the property is partitioned under Goa land Revenue Code so as to have independent survey number.
  • r) Whether the property is having conversion sanad.
  • s) Are there any areas of land Revenue, house tax, electricity, water bills unpaid.
  • t) Whether the technical check list is ensured to be cleared.
  • u) Whether there are any TCP Approvals for technical clearons/development permission/ and construction license by panchayat.
  • v) Whether there are NOC’s from Health Department/Department of Fire Prevention/Goa Pollution Control Board/ Environmental Clearance form GCZMA etc.

Better locality in a limited Budget

Posted by Beena Joshi
0

I am looking for a residential house or flat, preferably a 2 or 3BHK unit somewhere close to Chimbel. What are the options? My budget is Rs 45 to 50 lakh.

Expert Advice:

With this budget of Rs 45 to Rs 50 lakh, you can explore more options in regards with locality. See for localities like Merces, Ribandar, St.Cruz, Bambolim which are near to Chimbel. Even the rates in these areas are similar. So in this kind of budget you can get apartments ranging from 80 – 100 sqmt. The price and size of unit also depends upon the location of project, developer, age of property, quality of construction and the amenities.

I want to know if I am being over billed by the Electricity department

Posted by Nizam Shaikh
0

My monthly electrical bills are coming huge. I am using only 1 AC and my consumption is very less as compared to the bill amount i am being charged. Please suggest how can I track, I am paying the right bills

Expert Advice:

Sometimes due to faulty  electricity meter , the meter gives wrong readings.  You must immediately file a complaint before the Assistant Engineer ,Electricity Department of your area, stating that the Bills are coming abnormally huge. The Department taking cognizance of your complaint will  replace your meter . 

Objection was filed before Mamlatdar to Land Mutation Process

Posted by Judith Pascoal
0

I have purchased a Plot form the owner in Assagao. The owner had not mutated the name,though he was the owner by deed of sale. When I applied for mutation the previous owner objected before the mamlatdar. What should I do ? The case is before the Mamlatdar.

Expert Advice:

Before executing the Deed of Sale, we  must ensure that  the property we are purchasing is mutated in the name of the current owner from whom we are buying the property . If the property is not mutated as aforesaid  , there is a possibility of dispute as exactly  what has happened in your case. But not to panic, the previous owner may have objected before the mamlatdar  for oblique reasons. The Mamlatdar will afford a hearing and pass an order in your favour after ascertaining that previous Sale Deed is clear that the transfer is unconditional and full consideration has been paid by the previous owner. 

Information on Solar Panels

Posted by Bina Sharma
0

I want to reduce my electricity bill by installing Solar Panels on my roof top. Can you enlighten me more on this behalf?

Expert Advice:

I am having a problem in Boundary Demarcation of my plot

Posted by Karen Baretto
0

When I applied for site demarcation, before the land survey office and the notice was served to the adjoining owners, one of the owners objected and is disputing the boundary of my property, which is affecting me. As a result my site demarcation is delayed. What can I do ?

Expert Advice:

You must request the adjoining Land owner to support his claim with valid documents such as the Plan annexed to the Deed of Sale , certified survey plan ,Form I& XIV of Record of Rights etc. From the Plot dimensions mentioned on the survey plan and the plot area mentioned on the Deed as well as Form I and XIV , the factual position will be clear and you can request the adjoining land owner to demarcate his plot simultaneously also to ascertain the truth. In case the land owner cooperates with you then your work is solved .Otherwise you may have to approach the Collector for police protection while demarcating your plot boundaries or approach the  Civil Court for getting restraining order or for appointment of Commissioner to demarcating the boundary.

Is Hill Cutting allowed in Goa

Posted by Asmat Khan
0

My neighbour is cutting the hill,maybe for putting up a structure.Is the Hill cutting permitted ?Pls enlighten 

Expert Advice:

Yes hill cutting is permitted but there is an official  proceedure to be followed . A prior permission must be taken from the Town and Country Planning Department under section 17-A of the Goa Town and Country Planning Act. For this an application must be made to Chief Town Planner with requisite documents such as Sale Deed , Survey Plan, Form I & XIV ,contour plan showing the slope of ground, cross sections and longitudinal sections showing amount and height of  cutting , photos of existing terrain , approved plan of building etc. Based on the documents and plans  submitted , the Town Planner will issue permission for cutting or reject the application. Applications are usually rejected when the slope is 25% or more ,i.e more than ( 1 vertical : 4 horizontal) or when the area is marked as eco sensitive or when there is imminent danger to surroundings. This just for your information.

Adjoining landowner is creating nuisance to the neighbour during construction of house

Posted by Reena Lama
0

There is a construction work going on adjacent to my house.And the workers carry on the work even after 7 :00 p.m and work as late as 11:00 p.m. in the night.We feel we are highly disturbed by the construction noises.And there is a lot of dust pollution due to dumping of the construction materials.Kindly suggest any matter how to control this nuisance ?

Expert Advice:

As a general rule , when we undertake construction of a house in our property, we must ensure that we donot cause any inconvenience or nuisance to our immediate neighbours. The normal working hours end at 6.00pm. But if work is being done after 6pm , there should not be any noise and other forms of pollution or nuisance. You can request the person undertaking construction not to dump materials as to cause dust pollution or cause noise pollution after working hours. If this persists, you can file a complaint before the Local Panchayat or Municipality to deal with the matter accordingly.

Tresspassing by laying of pipeline in my plot without permission

Posted by Jay Dhond
0

The public works department is excavating a water line into my property, without my permission.What action can I take?

Expert Advice:

Nobody has the  right to tresspass your property for putting up a water pipeline in your property without your consent ,even if it is a Government Department . You can bring a Court injunction order to stay the work of the Public Works Department on the grounds of criminal tresspass into your property without your prior permission or any document to prove otherwise.

Want to know the status of my property as per Goa Regional Plan

Posted by Judith Lobo
0

I want to built a house in my property.When I went to the Architect , he says that my property falls in orchard zone in the Old Goa Regional Plan. But when I went to enquire in Town Planning the property is now shown in settlement zone in 2021 Regional plan. So can you explain me how this Town Planning rule works in this matter, for my better understanding ?

Expert Advice:

Your Property is shown in Orchard Zone as per Old Regional Plan 2001 and  in settlement zone in the new Regional Plan 2021. In such a scenerio, presently no approval will be granted for construction of house by the Town & Country Planning Department  and you will have wait till the new Regional Plan 2021 is finally notified in the Government Gazette.

Lessee not paying rent to the Flat owner.

Posted by Sheila Dixit
0

We have rented a flat to a person, on 11 months leave and license agreement. For the first 5 months he paid rent  promptly. Now for the past  2 months he has not paid me the rent inspite of several requests  . Please suggest the ways to recover my payment promply.

Expert Advice:

You must immediately send him a 15 day legal notice at his specified address asking him  to make payment of rent immediately failing which  the Agreement of Leave and License will stand terminated and he will be evicted forthwith and arrears of rent to be recovered from his security deposit .

Can i get rid of roof leakage problems

Posted by Sajjad Carol
0

I have purchased an apartment. During the first monsoon of my stay, I saw leakage in the corners of my bedroom, which intensified during the first 2 months of the rain. Suggest any measures.

 

Expert Advice:

The water  leakages through roof slabs are a common phenomena in the State of Goa which receives heavy rainfall. The reasons for this are many such as cracks in roof due to insufficient curing or poor workmanship etc . But nothing to worry , lots of waterproofing products are easily available in the market.   But you can  try cheap remedies first doing it yourself .  First look for any crack in the affected area, clean the area ,open the crack with trowel about 5mm wide fill it with waterproof crack filler . Then apply two coats with  Products like Sika Latex Power or Dr Fixit LW+  mixed with cement slurry in 1:4 proportion ( 1 part of chemical : 4 parts of cement slurry)  on the affected  area in dry weather conditions with curing thrice. This will work most of the times. If not then hire a professional waterproofer.

How can I carry out Family Partition of Land

Posted by Julie Vaz
0

How to carry out partition of land among the family members ?

Expert Advice:

The proceedure  of family partition is usually amicable  . First and foremost it is necessary to determine how many shareholders are there in the family and their respective share percentages to divide the land on those percentages. The Plot to be partitioned is first survevyed and compared to the Certified Survey Plan  of the Plot. Then a partition plan is prepared by a surveyor dividing the Land into a number of plots based on the share percentages. Once the Partition Plan is unanimously agreed by all the members of the family , a Deed of Family Partition is drawn based on the partition plan which is annexed to this Deed. This Deed of Partition is then signed and executed by all members before the Registering authority namely the Sub-Registrar of Taluka.  Once this Deed is registered , the same is presented before the District Collector for carrying out partition of various plots with independent survey numbers under the provisions of Goa Land Revenue code.

Can you explain what is Floor Area Ratio as applied to land

Posted by Bina Das
0

Can you explain me the concept of floor area ratio in detail

Expert Advice:

The concept of Floor Area Ratio is clearly explained in the Goa Land Development and Building Construction Regulations 2010 which  is reproduced here for your understanding :

Floor Area Ratio” (F.A.R.) means the ratio obtained by dividing the floor area by the effective plot area x 100;

The terms " floor area " and " effective plot area " are explained in detailed hereunder:

 (A) “Floor area” means the covered area of a building at all floor levels totalled together, provided that the following shall not be counted towards computation of floor area:—

(a) Basement or Cellar is exempted from FAR calculation only if 90% of the Basement or Cellar is to be utilized for parking of vehicles and the remaining area is used for services or safe deposit vaults in case of Banks.

(b) Balcony or Verandah projecting/recessed up to 1.50 meter from the wall. If the projection/recess is more than 1.50 meter, then the area beyond 1.50 meter shall be added in computation of floor area.

(c) Mezzanine floor.

(d) Entire stilt area at any level, if the floor height does not exceed 2.85 mts. In case of part stilt area at any floor, limited to 25% of the floor area, if the height exceeds 2.85 mts.

(e) Unstoreyed porch.

(f) Areas of septic tanks, soak pits, man holes, drainage, gutters, chambers, wells and the like, fountains, steps, water sumps, rain water harvesting tank, pump house (not more than 6 m2), swing frames, compound walls and gates, all type of antennas and their bases, provided they are so located so as not to obstruct free movement and parking of vehicles.

(g) Uncovered swimming pool  

(h) Staircase with steps of clear width of 1.20m. and above for residential buildings and 1.40m, and above for others, provided that, the risers are not more than 17cm, treads not less than 27cm, landing depth is less than the width of the flight and the maximum number of risers in any flight should not exceed thirteen. Staircase room and/or lift rooms above the top most storey, architectural features, chimneys and elevated tanks as permissible under this Regulation.

(i) Lift area.

(j) Fire escapes staircase.

(k) Area equivalent to a maximum of 7.5% of the floor area proposed, used for infrastructural facilities such as Pump house (more than 6 m2), club house, community hall, society office, Generator room, Garbage collection/disposal enclosure, Telephone Exchange/CCTV equipment room and Entrance foyer/lobby on all floors including requirements of public services departments such as electricity, water supply, sewerage, telephones, etc.

(l) In case of Co-operative Societies/Group Housing/block of flats/shops, having a floor area of 1,000 m2 or more, a Society Office should be included in (k) above. Note:– The built-up areas mentioned above are inclusive of toilet facility.

(m) Atrium/Podium.

(n) Any covered antenna/dish antenna/communication tower if used for Telecom (basic cellular or satellite telephone) or IT purposes, which shall also include equipment relating to earth station, V-Sat, routes, Transponders and similar IT related structure or equipment.

(o) Following special provisions shall be applicable while finalizing the permissible Floor Area Ratio (FAR):– In case of plots affected by proposed right of way or road widening or public reservations as per any plan or scheme in force, an additional FAR equivalent to 100% of such affected area or 25% of total allowable floor area of the effective plot area, whichever is lower shall be allowed, provided the affected area is gifted to the Local Authority through a Gift Deed at the time of applying for occupancy certificate. Ex. (1) Zone CI, FAR permissible 200 Total Plot Area = 1000 sq. mts. Area under Road Widening = 100 sq. mts. Effective plot area – 900 sq. mts. FAR Calculation should be as follows: (a) 900 x 2 = 1800.00 sq. mts. (b) 25% of 1800 sq. mts. = 450 sq. mts. (c) 100% of 100 sq. mts. (100x2) = 200 The FAR allowed shall be 1800 (Permissible FAR) +200 (i.e. additional FAR) = 2000 sq. mts. (450 sq. mts. or 200 sq. mts. whichever is less)

Ex. (2) Zone CI, FAR permissible 200 Total Plot Area = 1000 sq. mts. Area under Road Widening = 600 sq. mts. Effective plot area = 400 sq. mts. FAR Calculation should be as follows (a) 400 x 2 = 800.00 sq. mts. (b) 25% of the 800 = 200 sq. mts. (c) 100% of 600 (600x2) = 1200.00 sq. mts. The FAR allowed shall be 800 (Permissible FAR)+200 (i.e. additional FAR) = 1000 sq. mts. (200 sq. mts. or 1200 sq. mts. whichever is less)

(p) A wall built as double wall for protection to the internal wall or building and for cladding with material such as sheets, FRP glass or any other façade cladding material used as a wall protective or as architectural feature or for beautification of exterior façade of the building. The same is not to be constituted as built up area or is included in floor area calculations provided that the external wall as referred to above does not encroach the setback line and the distance between such two walls shall not be more than 75 centimeters, and the same shall not be used for any other purposes and is kept vacant. The area between the two walls shall not be counted for FAR and Coverage.

(q) Terraces at intermediate floors not more than 3.00 meters in depth and having a roof of over 6.00 meters height. Note: Any other floor areas specifically allowed

(B)“Effective plot area” means the area derived after deducting, from the plot area recorded in Survey records, the following areas:—

(a) area of proposed right of way of the road/roads;

(b) areas reserved for any public purpose, excluding any area earmarked for easement right/traditional access;

(c) area not permitted for development (Zones A1, A2, R, & P);

(d) mundcar areas as per the provisions of the Mundcar Act;

 

Want to know the difference between built up and Super Builtup area

Posted by shoan D'silva
0

Why is that my builtup is different from the super builtup areas of my flat/apartment?

Expert Advice:

The built up area includes the carpet areas of rooms ,balconies , as  well as the wall area of the flat /apartment but does not include the common areas such as club house , parking spaces ,staircases , lifts, passages ,pool and garden areas , security cabins.  The super built area includes the built up area plus the proportionate contribution of above mentioned common areas corresponding to the said flat.

can you suggest remedies for cracks on walls

Posted by Asmita Borkar
0

My House has developed cracks.The contractor who constructed my house, repaired the cracks, yet the cracks appear.What can I do to repair the cracks?

Expert Advice:

The cracks essentially of two types namely : structural and non structural. The structural cracks run deep into the wall and occur due to settlement of foundations. Non structural cracks occur at beam column junctions or in the plastered surface itself due to use of fine sand or more cement content  in the cement mortar or less curing . As such , its not known what type of cracks have occured in your house. The remedies could range from stabilising the foundations before treating structural cracks. The non structural cracks could be repaired by doing katka and jalli work at beam-column junctions . Use of chemical compounds such as CRACKSEAL for hairline cracks etc. 

What is alternative solution for LPG Cylinders

Posted by Samantha Sequira
0

Nowadays the LPG Cylinders have become very costly and uneffortable. Can u suggest me any alternative viable replacement ?

Expert Advice:

Have  you heard about photo voltage cells or solar technology? Perhaps you can use a hot plate connected to PV cells with inverter back up which can be a cheaper remedy in the longer run.

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