WHOSE RESPONSIBILITY?

WHOSE RESPONSIBILITY?

MAGICBRICKS ANSWERS READERS' QUERIES IN MUMBAI

I am planning to buy an underconstruction flat from a builder. The builder is asking me to pay the VAT and Service Tax and wants me to issue two cheques for the respective amounts in favour of the builder. The builder's firm will issue receipts to me for the same. 1) How can I be sure that he will immediately pay the amount to the government? He could keep the amount with him and use the flat till the last date possible for payment of these taxes. 2) Why can't I issue cheques in favour of the respective tax authorities and give them to the builder to deposit them with the government? 3) How can I ensure that he pays the exact amount to the government as paid by me? He may end up paying a lower amount to the government. 4) Are the builders required to deposit taxes in respect of each flat or the entire project in one lump sum? If he is supposed to pay for the entire project, he may not pay until all the buyers pay him. How will I make sure that he pays the complete amount in respect to my flat? It is the duty of the builder to pay the tax in full and in case he evades the tax then he will be liable for the same and not you. We would suggest you kindly make a clause in the agreement for the payment of tax also.
The residential property comprising six flats is 20 years old and needs urgent repairs to the building roof top. There are two flats each in the ground, first and second floor. There is an urgent need to repair the roof top since the second floor owner's house is getting damaged due to heavy water leakage due to rains. Now the issue is that all the flat owners are not ready to share the roof repair expenses. Is it not the responsibility of all the flat owners to share the expenses for the common roof top? Is there any law that binds all the owners to meet the expenses? Repairing is the duty of the builder / promoter. If there is no such builder / promoter, then all individuals will be liable for repair. As such there is no law that binds all the owners to meet the expenses.
Seventeen acres of ancestral agricultural land is in my mother's name. My parents have passed away. Just before the expiry of my mother in 1993, myself, my brother and my mother each have onethird share in this property. All my four sisters got married before 1980 and therefore they have no share. My mother died without a will. Now what is my share in the property? Is it one-third plus one-sixth share from the share of my mother or one-sixth of the entire property? Now, the law has changed and sisters married even before 1980
have equal share. One-third of your shares will be intact with you and one-third share of your mother is required to be shared by all the siblings equally.
There is a plot which is in my maternal grandmother's name and she said that she allotted the plot to my mother, but she couldn't allot it while she died. Now my maternal uncle does not want that it should be in my mother's name. What can we do? And since the last 30 years we have been living there. Since there are no written documents for the same, it will be difficult to get the same, apart from negotiation with the maternal uncle. However, you will get equal proportionate sharing on the plot as per the law of Hindu Succession Act along with your maternal uncle.