Mrudula P Chitale – Legal Content Contributor

Adv. Mrs. Mrudula Prasad Chitale, BA,LLB, LLM Email : chitalemrudula-legal@yahoo.co.in , mrudula_chitale@yahoo.co.inStarted legal profession as Associate with Pune’s one of the leading Advocate Mr. P. P. Paralikar from 1998 to 2002.Practicing independent advocate since 2002 in following areas.

  • Civil court
  • Family Court
  • Co-operative court
  • District court
  • Consumer Forum
  • Registrar of Co-operative Societies
  • Revenue authorities

Has extensive experience in

  • Client representation in district and civil court
  • All types of property searches
  • Title opinions
  • Legal drafting and registration of all types of documents required for the conveyance of property
  • Formation and registration of co-operative society
  • Apartment condominium and other related things

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41 Comments

  1. Dear Manoj,

    Under the Provisions of MAharashtra Ownership Of Flats Act, builder is liable to deliever the flat as agreed in the agreement.So in this case the agreement is crucial .If there is difference between the area agreed to be given and area actually given, then flat Purchaser can get the relief from the Consumer court and can claim compensation.Builder may be liable under the Indian Penal Code( for this all the documents are required to be verified)

    Regards
    Mrudula Chitale

  2. Dear Samir,

    1) If there is a Will and the executant of the Will expires and if the Will is not disputed, then you can change the name of the benificiary in the Municipal record and MSEB Bill by following necessary legal procedure.

    2) If there is no Will and the Flat owner dies, then the heirs of the flat ownes have to get the heirship certioficate from the court and then only will be able to enter the name in the necessary government record.

    Regards
    Mrudula chitale Advocate

  3. Dear Viren,

    For that you have to look for the registration office as per the location of the Flat( because in the year 1990 the registration used to take place as per the location of the property).Thereafter you have to take search for the relevant period in the record of that office . Once you trace the document( you will find enrty as per the name of Purchaser and seller), you can apply for the certified copy of the document and Index II.

    Regards
    Adv Mrudula Chitale

    • @ Sachin
      Dear sir,
      If you have booked a flat in the scheme. Then you must ask for
      1) Your registered agreement.
      2) copy of sanctioned plan from the Municipal corporation.
      3) Copy of commencement certificate.
      4) and other title related documents( developement agreement/ POA, 7/12 extract etc).

      You must first check that your flat is shown on the plan sanctioned by the authority.Do not rely upon the floor plan which builders attach with the documents.

      Regards
      Adv. Mrs. Mrudula Prasad Chitale
      BA,LLB, LLM
      http://www.bharatestates.com/blog/authorcontributor-for-bharatestates-com/

  5. My father-in-law purchased a flat in 1992 & paid the stamp duty, but due to some reason the document could not be registered & he expired in the 2008 leaving behind his wife, 2 sons & a daughter.

    How do we get the document registered in his heirs name

  6. I have seen your the correspondes here & felt that you are guidance to the needy person is most useful.I have querry that can i get the properties details without survey no.s or locations? only on the name and address of the person? also on giving details of propery’s details ?

  7. Dear Madam,

    I reside in chinchwad, Pune. I want to take a Loan against Property owned by my father(retd). purchased in 1995. He would be co-applicant in the process. While collecting the documents required we came to know that the original documents are lying in the registrar office. On approaching the registrar office, it is known now that the documents seems to be MISSING(NOT TRACEABLE) from the office. What are the legal options available with me if I want to go ahead for the loan. kindly guide me.

    Warm Regards,
    Thank You,

    Amit Jog

    • @ Amit

      Sir,

      pls. give application under RTI Act first.It has good effect and the concern officer is bound to give in writing. otherwise we can get the certified copy from the concerned authority and if the original is missing from the govt office we can get the declaration from the court that the certified be treated as original.

      Regards
      Adv. Mrs. Mrudula Prasad Chitale
      BA,LLB, LLM
      http://www.bharatestates.com/blog/authorcontributor-for-bharatestates-com/

    • @ Amit
      Sir,

      You have to apply to the Registrar office under Right to Information Act and you get the official answer from the concerned office. Whether there is same answer you have to produce Affidavit/Indemnity declaring your Father Ownership alongwith membership of Society (if formed),it is the descritionary power of the Bank to accept this type of Document. There is no separate provision under statute to grab another original from the concerned Office, and if you have any type of evidence showing the payment of Stamp Duty like Receipt, Index II and if the Developer and present Purchaser can execute the Confirmation/Declaration.

      Regards
      Adv. Mr. Pankaj Wankhade
      B.A. LLB, GDC & A

  8. Dear Mrudulaji,
    Hi! i just want to know how much will be transfer fee for a flat of 2bhk in bhosari area that is in the name of son and father, but it has to be transfered to mothers name and to remove sons name from it.

    thnks & regards
    vaishali

    • @ Vaishali,

      Madam,

      After execution and registration of any type of Document the name can not be removed as its Own we have to execute separate Document. In your case Gift Deed is advisable and it attracts stamp Duty of 2% under Article 34 of Bombay Stamp Act,1958

      Regards
      Adv. Mr. Pankaj Wankhade
      B.A. LLB, GDC & A

  9. I have an allotment letter for parking from builder and some influential members of society want to take it away from me by saying its society owned property and asking for huge amount from me, to keep it.
    The society is registered but no conveyance deed has taken place.
    Also some other member has forcefully parked his car and not ready to remove it.
    Also police are not helpful as they have pressure from above.
    Can I legally register my parking space and put a case against the society.
    I hope you can provide some guidance here.

    Thanks

    • @ Abhi

      Sir,

      If the Builder allotted to you directly by issuing allotment Letter in this case you are the legal Owner of the Parking in support of if Builder is ready to execute a Document in favour of you, you can execute the same.

      Regards
      Adv. Mr. Pankaj Wankhade
      B.A. LLB, GDC & A

  10. Dear Sir,

    Builder has started the possession of flats and wanted to sign apartment deed from all owner. 1 or 2 people signed it. But we want to form a society instead of apartment deed.

    1. As 1 or 2 people done agreement deed out of 115 flat owners, can we now go for society formation and insist builder for society and not for apartment.
    2. What are difference between apartment deed and society.

    Please help. we are in intense need.

    Thanks,
    Kiran

    • @ Kiran

      Sir,

      This is the problem many members are facing as the builder without consulting the flat purchasers unilaterally execute Declaration Deed and force to execute deed of apartment. Firstly I need to see the clauses in the agreement with flat purchaser.secondly need to see the contents of Deed Of Declaration.Now the question is whether whether now society can be formed? Actually one property cannot be subjected to two local laws i.e Co-Operative societies Act and Maharashtra Apartment Ownership Act. we can opt for one. If builder has already done the Declaration, then we need to get the same cancelled.This issue is for consideration before the govt authority and amendment is likely to come stating that to form Apartments at least 70% flat purchasers consent is necessary.
      b – In case of society- the land and building is owned by the society.In case of Apartment, every member has right in his unit and indevided right in land and all common facilities.When the flats are hugh in nos ,people prefer to have a society as for the issues such as maintenance, and other related issue between the members they have a separate court ( co-operative court) and Co-operative registrar for fast reliefs.If Apartment is formed then we can go to Civil court.
      Many a times builder prefer Apartment, as no of clauses in respect of TDR, FSI,internal roads are kept in his favour without knowledge of the flat purchasers which are harmful.( pl check that)

      Regards
      Adv. Mrs. Mrudula Prasad Chitale
      BA,LLB, LLM
      http://www.bharatestates.com/blog/mrudula-p-chitale-legal-content-contributor

  11. Hi,

    Can you provide me the postal address for the Registrar of co-op housing societies that is responsible for a co-op housing society in the Wakad area of Pune?

    Thanks,
    Krishnanand

    • @ Krishnanand

      Sir,

      Its in the building of DCC bank at Paud. I do not know the postal address.

  12. Dear Madam, I have purchsed a resale flat in pune at talegaon, now if I want to give it on rent, what are the registration agreement rules are in force, also heard from people that if you do registration through Nagarpalika/Grampanchayat then you will have to pay 5 times more than your normal tax per year is it true or not? please reply.

  13. Minimum how many Gunthas are required to be bought to get the name recoded on 7/12 extract in revenue records in LONAVALA AREA?

  14. Dear Madam,

    If I do registration of leave and license agreement with Nagarparishad to rent out my flat for residents , according to them I have to pay tax (Nagarparishad annual tax) which I pay presently 1830 Rupees , will increase to 1830 x 7=12,810 per year, and I want to find out if any law in existence who actually burden the flat owner so heavily In municipal corporation area even this types of taxation is not done for renting home, then how come Nagarparishad have different rules, upon request even they are not showing or sending anything in black and white, hence I am asking you madam, if you know any rules regarding this then please let me know since I smell something fishy. Because I personally fill that now everybody have to be “ANNA HAJARE” & I want to fight this till justice, so no innocent have to pay price for it.
    Best Regards,
    Milind

  15. If I want to buy just 5 gunthas in Lonavala,whether I will be able to get my name recorded in 7/12 extract?.It is heard that on e cannot get the name recorded on 7/12 extract in Lonavala area unless he buys 21 gunthas or more.Is it true?

  16. Dear Sir/Madam
    I am purchasing under construction flat from builder in Wakad. I have paid booking amount and and am expected to pay 10% (first installment) soon. The builder has said that after the 10% payment they will give us allotment letter. Unfortunately for registration purposes I am out of country on project and unable to be present in Pune at the time of 10% payment so would like to wire transfer the money to builder.

    Is allotment letter OK for now? I will be in Pune after 4 months so can I do registration at that time? Are there any risks with that? The builder is well known/reputed.

    Regards
    Sudhir

    • @ Sudhir
      Sir,

      After payment of 20% amount how builder is going to issue allotment letter to ?. you already decided your flat No., area of flat, floor of flat and other things in booking letter the only remain to get it registration, and you are telling that you are going to abroad, and you cannot arrange the Power of attorney, atleast you have to send notarised power of attorney from the place where u r going, and send it to your mother/father/sister for registration of agreement, it is necessary, and if you are believing upon builders reputation then there is not a problem, just make all possible correspondence with builder about delay and your intentions.

      Regards
      Adv. Mr. Pankaj Wankhade
      B.A. LLB, GDC & A
      http://www.bharatestates.com/blog/pankaj-m-wankhade-legal-content-contributor

  17. Hi,

    I found some of your reply on bharatestates.com. I have one query.

    I have book my flat. Paid the booking amount also. The land on which the flat is constructed still haven’t got a Collector NA letter. Builder is saying that it’s in process and forcing me for Registration of Flat.

    Without Collector NA none of the bank will provide me any home loan for property (Flat) i register.

    Can you please help me out in this case….!.

    Query: 1) Can we Register the Flat without Collector NA
    2) What else Document i have to check before registering Flat with builder. (Agreement to Sale: Is this a right term for registering the Flat)

  18. I had purchased a flat in Sector 26, Nigdi. There are 6 flats in the building and the buider has completed the Apartment Deed with 4 members. The conveyance has not been done so far. I want to sell my flat. Please advise

  19. Dear Madam,

    I m glad tht i found you here to get a proper solution on my problem.

    My Parents are having a vacant flat and they want to rent it out but different people are saying their is so much risk to rent out your flat and legal procedures are time & cost consuming so its better that we dont rent tht flat. Please guide me with the proper legal procedure that i should follow to rent a flat. And also mention the amount of expenses (fees,if any) that i would have to pay during this procedure. And if possible do provide me a format for “Agreement to rent a house”.

    Regards

    Ruchi Churi
    Tour Operator

    • @ Ruchi,

      Madam,

      Rent a flat is not a risky at all, You can rent it by registering Leave and License Agreement, and also intimate the nearest police station, about your transaction, may be the procedure is time consuming, but its not soo lengthy as u think, and the charges as per your license fees, approx… 500/- stamp paper for license fess + deposit not exceeding Rs.2,5,000/- and Registration Charges of Rs.1000/- and misc. expenses and advocate fess it goes around 4,500/- (inclusinve of all),

      Regards
      Adv. Mr. Pankaj Wankhade
      B.A. LLB, GDC & A
      http://www.bharatestates.com/blog/pankaj-m-wankhade-legal-content-contributor

  20. I had given general POA to a relative, who, I have come to know now has abused my trust in him. The POA has been revoked and same has been published and those people whom he had dealings with have been notified. Now I learn that he has leased out property(industrial) to 3rd party for 6 years, without my knowledge. Will it still hold good after the revocation of POA?
    He was supposed to look after my deceased husband’s property and business, and to give me the income generated from which i wd have paid him. He pocketed everything…
    What can I do now?

  21. I would like buy a home in@bijali nagar (shiv nagar) chinchwade nagar near to spine road pradhikarn (near to chapekar chowk). I ask to bank for loan but they denied. what is feature and what is problem over there because of banks are not ready to offered loan. how is feature of these home. Because i heard that these home are not legal.

  22. I have an apartment in Mumbai for which the stamp duty has been paid in the year 2002 (at the time of purchase), however post that my dad expired in July 2002 and the apartment has not been registered. Need to know if the registration can be done now and if so whether the registration can be done without the involvement of the seller who has now settled abroad. Also, considering that I am a salaried person, I do not want to repay stamp duty at the present rate considering that I do not have that much savings for stamp duty and registration at the present value. Have also head about a declaration deed which can be registered if the seller cannot be found. would this be valid in case I plan to sell my apartment in future?

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