Pending Sale Deed
I have purchased one flat in 2009 but builder is not doing Sale Deed. He is asking for MVAT on the sales price. As per my knowledge no Tax is applicable because the flat I purchased was ready to use. i.e. fully constructed when I purchased and occupancy certificate available at the time of purchases. more
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Will someone help me draft a petition for filing in Consumer Forum against Reliance Digital, Mulund West, Mumbai, for not replacing a defective laptop. It is with them for the fourth time in 2 months. Thank you email.....socyfedn@rediffmail.com more
Jan 02
Do you have any documents with you.But be careful,as one in these circles has claimed about a house in Gujarat.Unless you stay and belong to mumbai,any untoward directions will be fruitless.Be careful. more
Jan 01
Thanks for guidance. But i want to give more details. I had paid the full amount as per agreement, but this provision came after 1 year by Maharashtra Government to add Vat on sale price. As per my reading there is difference between sale at the time of Complete ready possession flat and agreement to construct the flat. My flat is coming in first category. I purchased ready possession flat by paying full amount. so there is no agreement of construction came. this additional amount was not discussed at the time of sale but provision came after purchase of flat. As per communication held with builder he has paid the amount to government and claiming the same from us. more
Jan 01
1)Do have an agreement for purchase of flat ? 2) Did you pay the full consideration for the purchase of flat ? 3) Do you have the proof of builders refusal to execute sale deed? if yes for the above 3 questions, file a case for Title suit requesting the court to execute the Title Deed. If any amount still due towards sale consideration or any lawful payments, you can deposit in the court and the court will execute the sale deed, which is the best. Proceed as above. Best of Luck more
Jan 01
Happy new year Sanjay. In which state the flat in question is refered to is not mentioned. In Maharashtra and Gujarat the agreement of sale of the Flat along with the undivided share of the property is to be registered by paying the ad valerem stamp duty and thereafter the deed of conveyance is to be made and registered by incurring a nominal stamp duty of Rs.100 plus regn.charges as the stamp duty is already paid at the time of registration of Agreement of sale. I am not comprehending the incidence of MVAT here in the Flat purchase case which is not a subject matter of goods and services. MODVAT is applicable to construction company and they are passing such value addition tax to the purchasers at the time of sale. Don't you know the details at the time of agreement and price fixation and acceptance? I understand that you are the first purchaser of the brand new flat in 2009 and therefore the society/builder is asking MODVAT which is the compulsory normal incidence in your case. Everything rests upon the terms and conditions and price fixation at the time agreement in between you. Or is it a straight purchase in the year 2009. Have you paid the full price finalised by both of you? In any case going to court of Law Consumer forum is time consuming and the society fellow also will bring his claims and stand to defy your stand. If you feel you are cheated on the face of the prima facie evidence like agreement,money receipts and ads, lodge a police complaint after issuing a legal notice. You need not much worry since you are possessing the occupation of the Flat. Demand and Take the occupancy certificate from the municipality by showing the proof for enabling them to raise Flat/house tax from you. more
Jan 01
