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Flat Possession Delayed: Can I Still Get My Compensation?

Ramalingam

Ramalingam Kalirajan  |6970 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Aug 16, 2024

Ramalingam Kalirajan has over 23 years of experience in mutual funds and financial planning.
He has an MBA in finance from the University of Madras and is a certified financial planner.
He is the director and chief financial planner at Holistic Investment, a Chennai-based firm that offers financial planning and wealth management advice.... more
VINAY Question by VINAY on Apr 16, 2024Hindi
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Money

i have bought a flat in June'22 i was told that possession will be given on or before 31/12/2022 and also promised that if possession not given as per schedule i.e 31/12/2022 then they will give me monthly compensation till the actual possession of flat and they have given me possession after one year and they also refused to give any compensation so please advise what to do now

Ans: Gather Evidence: Collect all documents related to the flat purchase, including the agreement, possession date promises, and any correspondence about delays or compensation.
Send a Legal Notice: Clearly outline the breach of contract, the promised compensation, and demand payment.
Consider Mediation or Arbitration: If direct negotiation fails, explore these options to resolve the dispute.
Consult a Lawyer: Seek professional advice to understand your legal rights and options, including potential litigation.
Act promptly as there might be time limitations for legal action.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in
DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Users are advised to pursue the information provided by the rediffGURU only as a source of information to be as a point of reference and to rely on their own judgement when making a decision.
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Ramalingam

Ramalingam Kalirajan  |6970 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Jul 25, 2024

Asked by Anonymous - Jul 15, 2024Hindi
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Dear Sir We had booked a flat in one of the projects in Karnataka ( 15 + years back) but when the project is about to complete the land owner of that apartment filed the case against the builder because the builder had constructed few flats illegally in that project.. The land owner had demanded few crores from the builder for illegally constructing the flat...During that time we were in abroad and 3 flats werent registered in this project one is ours and 2 more flat owners were in abroad too..Thats out of 35 flats... Hence the builder had registered three flats in their name for the safety..But till now we havent got registered of that flat in our name becos there is case in the court. Hence there is no completion certificate issued for that project..etc.... and no flat owner can sell their flat due to the court case. However the builder had given us a power of attorney for the flat for rent it out or stay... And we have rented the flat and are getting the rent... we have been regularly followed up with the builder, he everytime promises today tomorrow....like this 15+ years passed...last year we asked for a replacement flat in one of their new project and he agreed to give us a replacement flat provided we pay some extra bucks as per the rate...We agreed for that and got the agreement signed and also got the sale deed of the land etc.. we have paid the payment in cheques.Its a huge project and completion of the project is bit slow and got delayed.... Recently, the builder had sent an email to all flat owners to register their flats but when we consulted for registration the builder said he had to transfer the payment done by us from the previous project to this new project...hence it would take time (by the way thats their internal issue) everytime we consulted for registration he says it would take one months time and his legal team is working on it...Sometime he says the court case should get over of the other project and then only he can help to register the the present flat..(though the previous flat is in their name itself) we have nothing to do with case (as the Case is between land owner and builder) also the previous flat registration al in their name..we have only agreement and receipts.of payment done...hence so far the flat is not registered...most of the flats got registered in the new project...The project is not completed yet it would take one more year... My question is why the builder is delaying the registration process of our flat and why is he not doing the internal issues solved and help us to register our flat in our name... Should we register the flat ourselves provided we get required documents from the builder? Or consult a lawyer in this regard...Pls guide...
Ans: You booked a flat 15+ years ago in Karnataka. The project faced legal issues due to illegal construction. You haven’t been able to register the flat in your name.

Builder’s Delay
The builder registered three flats, including yours, in their name. You have a power of attorney to rent it out. The builder promised a replacement flat in a new project, but the registration is still delayed.

Key Questions
Why is the builder delaying registration?
Should you register the flat yourself?
Should you consult a lawyer?
Builder's Delay Analysis
Internal Issues
Fund Transfer: The builder needs to transfer payments from the previous project to the new one. This seems to be causing delays.

Legal Complications: The builder indicates that the ongoing court case may affect the registration process. However, you have no involvement in this case.

Project Completion
Project Delay: The new project is not yet complete. This might also contribute to the registration delay.
Recommendations
Consult a Lawyer
Legal Advice: Consult a lawyer to understand your legal standing and options.

Documentation: Ensure all your documents are in order. The lawyer can help review and prepare necessary paperwork.

Registration Process
Self-Registration: With the required documents from the builder, you might register the flat yourself. This requires legal guidance.

Follow-Up: Continue to follow up with the builder regularly. Ensure all communication is documented.

Legal Action
Notice to Builder: Your lawyer may suggest sending a legal notice to the builder for delaying registration.

Court Case: If the builder doesn’t cooperate, consider filing a case against them. This might expedite the process.

Insightful Evaluation
Assessing Risks
Builder's Reliability: Evaluate the builder’s past projects and their completion rates. This helps in assessing the likelihood of further delays.

Legal Risks: Understand the legal risks associated with the ongoing court case. Your lawyer can provide a detailed assessment.

Future Steps
Replacement Flat: If the builder provides a replacement flat, ensure all legal aspects are clear before agreeing.

Backup Plan: Have a backup plan in case the registration process faces more delays. This might include exploring other housing options.

Communication
Transparent Dialogue: Maintain open and transparent communication with the builder. Document all discussions and agreements.

Legal Assistance: Have your lawyer involved in all major communications with the builder. This ensures legal backing.

Final Insights
Proactive Steps
Consulting a lawyer is crucial. They can guide you through the legal complexities and help expedite the registration process.

Keep all your documents organized. This will be helpful during any legal procedures.

Regularly follow up with the builder. Ensure you have written records of all communications.

Evaluate the reliability of the builder and the legal implications of the ongoing court case. This helps in making informed decisions.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

..Read more

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Asked by Anonymous - Nov 05, 2024Hindi
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I'm 18 years old and currently preparing for neet as a dropper student. I'm from bihar but I live in haryana since my childhood. I have a boyfriend, he is doing btech and it has been 1.5 years since we are together we love each other he supports me in everything but the problem here is I lied him about my birthplace and told him that I belong to UP as UP is a bit better place than bihar. Idk i just feel ashamed to tell anyone that I'm from bihar so I just tell everyone that I'm from UP. Now I'm feeling very guilty in my own that I lied to him about such a basic and important thing and yesterday he Also mentioned that his mother never want a bihari girl, and he is a punjabi. I just don't know what should I do how will he react after knowing the truth and also I'm afraid that he will broke up with me.. I'm also having my neet exam in 6 months. I planned that i will tell him after my exam but I'm just feeling too guilty that I'm hiding this thing from him
Ans: Hello.
Keep mum for the next 6-7 months. Keep a safe distance from your boyfriend. Focus only on NEET preparation. Try to excel in NEET. Wait till the results are out. If you score well and get admitted to Govt Medical College, then open up in front of your boyfriend. He and his family members will accept you because you are becoming a doctor! But after taking the NEET examination, if you feel that you can't score as expected, then tell the truth to your boyfriend. If he loves you from the bottom of his heart, he will forgive you. But if not. then you assume that god has saved you from him!
Last but not least:- Dedicate your 24 hours only for NEET preparation. This time will never come in your life again. You can be a KING in just a few days with solid preparation and will get lifelong respect in society. The bright future is in your hands and not in the hands of your boyfriend.
Best of luck with your upcoming NEET Examination.

If satisfied, please like and follow me.
If dissatisfied with the reply, please ask again without hesitation.
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Prof Suvasish

Prof Suvasish Mukhopadhyay  |7 Answers  |Ask -

Career Counsellor - Answered on Nov 05, 2024

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my Son has done BTech in computer Science in 2023 from NIT Jalandhar and campus placed in Indian Fintech and earning 15CTC. He is gaining experience there for more than one year for now. What is advisable for future course go for Masters in USA or any other country or continue with job in India by switching companies. Due to job market crunch he is also preparing for upto Group B level Govt jobs as Plan B. What would be best advice for long term and settling after marriage.
Ans: Please have one directional goal. No dual policy. Let him go for MS from some good American University and after that he can get a good job in USA. No point in switching companies in India. A rolling stone gathers no moss. Forget about Govt. job in India. His talent won't be utilized and there will be routine transfers. So hit the bull's eye. Have a decent GRE and TOEFL score, have three good recommendation from his professors, one good SOP (statement of purpose) and after seeing the GRE score I will suggest the universities. Mostly in all the reputed universities of USA at least one student of mine is there sas a Professor and half of the year I stay in USA. No worries. I am there to counsel him. Only he must fix one aim. No ambiguity. Have unique aim, work hard with proper decision, rest the guidance will be given by me. Recommended more than hundred students to different reputed universities of US right from Princeton to Texas A&M, Clemson to Vermont. Never forget that I AM THERE BY THE SIDE OF YOUR SON LIKE AN INVISIBLE SHADOW TO PROTECT HIM AND GUIDE HIM.

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Ramalingam

Ramalingam Kalirajan  |6970 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Nov 05, 2024

Asked by Anonymous - Nov 05, 2024Hindi
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Hi I am 39 years old working professional with take home salary of Rs. 2.25 lacs/month. I have taken home loan in last month for Rs. 30 lacs with monthly EMI of Rs. 60k. My monthly House hold expenses are Rs. 50k. From 2022 I am investing Rs. 35k in MF via monthly SIP in ratio of 40:30:20:10 in Large:Mid:small:Debt. I have 2 Sons for 8 years and 3 years respectively. My Goal is to have sufficient corpus for their higher education and to achieve financial independence ASAP. Pl guide..
Ans: Your proactive approach towards securing financial independence and planning for your children’s education is commendable. At 39, you have a robust salary, structured expenses, and disciplined investments. Let's examine your financial standing, assess your goals, and outline strategies for optimal growth and security.

Current Financial Overview
Monthly Income: Rs 2.25 lakh

Home Loan EMI: Rs 60,000 (new loan of Rs 30 lakh)

Household Expenses: Rs 50,000

Monthly SIP in Mutual Funds: Rs 35,000 (split across large, mid, small-cap, and debt funds)

You have taken significant steps with a home purchase and ongoing SIPs. Let’s optimise these resources to achieve financial independence and build a corpus for your children’s education.

Goal-Based Financial Planning
1. Higher Education Corpus for Children
Education expenses rise significantly due to inflation, particularly for quality higher education.

With your sons aged 8 and 3, plan for their higher education in 10-15 years.

To achieve this, increase your SIPs in equity-focused funds. Equities provide inflation-beating returns over the long term.

Maintain a systematic approach, with SIPs focused on growth-oriented funds (large and mid-cap funds are ideal).

Regularly review this corpus every 2-3 years to ensure it aligns with educational costs.

2. Financial Independence
Early financial independence requires strategic savings and investment growth.

Aim to build a corpus that covers at least 25 times your annual expenses.

At present, Rs 50,000 monthly expenses indicate a future goal corpus of Rs 1.5-2 crore, adjusting for inflation.

Your current SIPs are a great start, but gradually increase SIPs to achieve a sizeable retirement fund.

Consider adding more equity exposure for growth and inflation protection, while adding debt as retirement nears.

Debt Management and EMI Strategy
Home loan EMI is Rs 60,000, a significant commitment for 20 years. This can limit cash flow for other investments.

Aim to prepay your loan when possible to reduce interest outflow and loan tenure.

You may consider setting aside a small portion of bonuses or salary hikes for periodic prepayments.

Reducing debt earlier will provide more cash flow to focus on investments.

Optimising Your SIP Strategy
Equity Allocation: Your SIP allocation is split 40:30:20:10 across large, mid, small, and debt categories.

Large-cap funds offer stability, while mid and small caps drive growth. The debt allocation provides balance but may be increased as you approach retirement.

Avoid Index Funds: Index funds, while popular, lack active management, which can be limiting. Actively managed funds adjust to market conditions, providing a higher potential for returns. Certified Financial Planners (CFP) can guide you on the best funds for your goals, particularly with growth in mind.

Consider Regular Funds Over Direct: Regular funds provide personalised guidance, performance reviews, and rebalancing through Certified Financial Planners, which direct funds lack. Regular investments managed by certified experts offer better long-term growth.

Building Contingency and Protection
1. Emergency Fund
Ensure an emergency fund covering 6-12 months of expenses (about Rs 4-6 lakh), kept in easily accessible accounts like liquid funds.

This fund will protect your long-term investments in case of unexpected expenses.

2. Insurance Needs
Adequate life and health insurance are essential, especially with dependents and ongoing liabilities.

Life insurance should cover at least 10 times your annual income, which could be achieved with a simple term insurance policy.

Health insurance for the family is essential to avoid dipping into savings during medical emergencies. Ensure coverage is comprehensive to handle inflation in healthcare.

Tax Efficiency in Investments
New tax rules affect mutual fund capital gains. For equity funds, long-term capital gains (LTCG) above Rs 1.25 lakh are taxed at 12.5%, while short-term capital gains (STCG) are taxed at 20%.

Debt mutual funds are taxed as per your income slab. Plan to withdraw strategically to minimise tax impact.

Periodic portfolio reviews and structured withdrawals can help reduce your tax liability.

Nurturing Long-Term Wealth Growth
PPF and Debt Instruments: PPF and debt mutual funds provide stability but may fall short on inflation-adjusted growth. Maintain debt instruments as a smaller part of your portfolio until retirement nears.

Equities for Wealth Accumulation: Equities remain ideal for long-term goals like retirement and education due to their inflation-beating growth.

Review your mutual fund choices periodically to ensure they are high-performing and aligned with your growth goals.

Final Insights
Achieving financial independence and funding your children’s education are achievable with disciplined investments, a focus on growth, and debt management. Regular monitoring, along with a Certified Financial Planner’s advice, will ensure you stay on track.

Best Regards,

K. Ramalingam, MBA, CFP,
Chief Financial Planner

www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment

...Read more

Prof Suvasish

Prof Suvasish Mukhopadhyay  |7 Answers  |Ask -

Career Counsellor - Answered on Nov 05, 2024

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I am a 29 year old completed her Masters in Psychology 5 years ago. Presently i am working, on a contractual basis ,as a Patient Counsellor for Oncology department in a local well reputed hospital and my work contract is coming to an end. I always aspire to make a mark in the field of Psychology and contribute in a better way for Indian space, bring awareness and popularity in India. My mind also goes to UGC NET or school counseling, plus I am yet to do any M. Phil or PhD yet however I am little unsure regarding my capacity. But I do want to go ahead in my career. I need your guidance regarding taking the next step for a better career. Please help me out.
Ans: I am really very happy to see the positive mind frame of yours. I do think teaching ( i.e. College Teaching) will be the best job for you. At a time you and teach and counsel. Please don't be unsure about your capacity, from your writing it is crystal clear that you do have the required capacity to do M.Phil and Ph.D. Only your age is a bit high, because if you do M.Phil and Ph.D then it will take at least six years time and by that time you will be 35. If you are ready you can apply to some Universities of Germany for doing Ph.D directly. There M.Phil is not required. In Germany for ladies education is free. Only you need to have knowledge of primary German language for a smooth sailing. In school there is little bit use of Psychology, because the subject of Psychology is not there.
Your next step will be having a permanent job. Unless the basic needs are assured you can't concentrate. In India very few persons get job satisfaction. So if you appear for the state PSC exam, you may crack it, but Psychology won't be there, you may be a Deputy Collector or Sales Tax Officer with periodic transfer and lot of respect cum status. But don't be morose. Even being in other job you can give free counselling of Psychology online free of cost just to pursue your hobby. My basic answer is that first grab a full time job and then pursue your passion. Right now don't go for M.Phil and Ph.D.Higher degrees and age are proportional to each other. In last five years you must have completed M.Phil and started Ph.D. But no point in lamenting over the spilt milk. So two option 1) Do Ph.D from Germany 2) Grab a Govt or Private job which is not contractual. Take proper decision. That is the most important thing in career building. Never go for split mind and never try for true option. Make your aim fix and target it and I am sure you will achieve it.
Now just procure a permanent job and pursue your hobby of Psychology.Best of Luck. Prof. Mukhopadhyay

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T S Khurana

T S Khurana   |173 Answers  |Ask -

Tax Expert - Answered on Nov 05, 2024

DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Investment in securities market are subject to market risks. Read all the related document carefully before investing. The securities quoted are for illustration only and are not recommendatory. Users are advised to pursue the information provided by the rediffGURU only as a source of information and as a point of reference and to rely on their own judgement when making a decision. RediffGURUS is an intermediary as per India's Information Technology Act.

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