LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

I have in­vested in an un­der-con­struc­tion apart­ment in a project in Gur­gaon. At the time the builder handed over pos­ses­sion to me, I dis­cov­ered that the su­per area of the apart­ment was re­duced from what was agreed. I have al­ready paid the to­tal con­sid­er­a­tion to­wards the flat. What legal help do I need?

— Shan­tanu If the sale price charged from you was on the ba­sis of su­per area and ad­mit­tedly the su­per area has been re­duced, then you are en­ti­tled to ex­cess con­sid­er­a­tion that you have paid. If the de­vel­oper re­fuses to re­fund, you can ap­proach con­sumer fo­rum or civil court for re­cov­ery. My friend and I have mu­tu­ally agreed to ex­change prop­erty in Delhi. We shall be ex­e­cut­ing an ex­change deed in re­spect of the same. Does the deed have to be reg­is­tered? What is the stamp value for the same?

— Ruchi As per the ap­pli­ca­ble law, since ex­change of prop­er­ties through an ex­change deed re­sults in trans­fer of rights, ti­tle and in­ter­est in prop­erty by one party in favour of the other party, an ex­change deed should be duly stamped and reg­is­tered.

The stamp duty payable on the deed is the same duty as con­veyance for a con­sid­er­a­tion, equal to the value of the prop­erty of the great­est value or cir­cle rate of the prop­erty of the great­est value as set forth in ex­change deed. Is it manda­tory to ob­tain NOC from my co-op­er­a­tive hous­ing so­ci­ety in Delhi to sell a flat? The pres­i­dent of my so­ci­ety says I have to do so.

— Jatin As per the ap­pli­ca­ble law, a no­tice of your in­ten­tion to sell the flat should be given to the man­age­ment com­mit­tee of the co-op­er­a­tive hous­ing so­ci­ety in the req­ui­site form. On re­ceipt of such no­tice the com­mit­tee of the co-op­er­a­tive hous­ing so­ci­ety shall give its con­sent to you within 15 days, fail­ing which the con­sent is deemed to have been granted. I am a mem­ber re­sid­ing in a co­op­er­a­tive group hous­ing so­ci­ety. What is the pro­ce­dure for call­ing a spe­cial gen­eral body meet­ing by a mem­ber re­sid­ing in a such a so­ci­ety in Delhi, a per­son who is not a mem­ber of the man­ag­ing com­mit­tee?

— Rakesh As per the Delhi Co­op­er­a­tive So­ci­eties Act, 2003, in or­der to con­vene a spe­cial gen­eral body meet­ing a req­ui­si­tion in writ­ing may be made to the man­age­ment com­mit­tee of the co­op­er­a­tive hous­ing so­ci­ety by one-fifth mem­bers out of the to­tal mem­bers in a co­op­er­a­tive hous­ing so­ci­ety. The man­age­ment com­mit­tee shall there­after call the meet­ing within 30 days from the re­ceipt of req­ui­si­tion in writ­ing.

THINKSTOCK

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