Legal Corner » Bangalore

Can a property be sold again on the basis of general power of attorney?

atoneplace — Mon, 03 Oct 2011 11:09:51 +0000

Question asked by Mr. Vivekanand Rao from Bangalore, India:
Hi Veena, We had over half an acre of land between Yelahanka and Devanahalli which was sold to a big developer 10 years back. The paani is still under my father’s name and the conversion that they did is also under my father’s name. They had taken GPA for the land and this was more than 10 years back. Now the developer plans to sell the land to another party. Will he be able to do it without our consent? And what is our liability since all papers are under my father’s name (It was only the GPAs that was given). And also can I claim some compensation in case they seek our consent; the prices now are nowhere near what it was more than a decade back.
Thanks
Vivekanand Rao
Veena Answers:
We need to know if the power of attorney was registered or merely notarized. In the event the power of attorney is merely notarized, it would be advisable to execute a revocation deed revoking the powers granted under the GPA and also publish a newspaper notice informing the general public that the GPA executed by your father in favor of the attorney has been revoked and if any one transacts with the attorney on the basis of the GPA they will be doing so at their own risk and you shall not be liable for any consequences. In case they seek your consent, you can certainly negotiate and ask for compensation towards giving up your rights on the property.
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What is the procedure for acquiring the appropriate documents related to a plot if there is no will made for it?

atoneplace — Mon, 03 Oct 2011 09:50:52 +0000

Question asked by Mr. Thejus from Bangalore, India:
Hi , My name is Thejus and I have a friend who has a 4000 Sq ft land in a popular location in Bangalore. This plot was bought by his father from a rural landlord in the 1960’s. They have got a Mutual registration done after 12 yrs. The seller and the buyer have both expired now and my friend is in possession of the land which is vacant. There are about 6 other plots in the same layout which are vacant as well. My friend wants to sell this Land now and the only documents he has is the original sale deed agreement done in the 1960s and the latest encumbrance certificate which still says his father is the absolute owner of the land. We need to know what is the procedure for acquiring the appropriate documents.
Thanks
Thejus

Veena Answers:
We are of the view that the property of a male devolves upon his first class legal heirs namely spouse and children. In the event the property is still agricultural land, you need to go to the tahsildar and submit an application seeking mutation of khata in your name. Along with the said application, you need to submit a copy of the sale deed, death certificate of your father and no objection from your brothers and sisters if any and also your mother. In the event the property is situate within the limits of the Municipal Authority namely the Bruhat Bangalore Mahanagara Palike, then betterment charges need to be paid and a khata needs to be obtained in the name of your friend. Upon obtaining khata, he also needs to pay up to date taxes. Thereafter, the property can be conveyed to any third party.
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What are the formalities, documentation, cost and procedure to complete the registered transfer through a gift deed?

atoneplace — Fri, 30 Sep 2011 06:24:33 +0000

Question asked by Mr. Saravanan from Bangalore, India:
There is a property in Bangalore which is on my mother’s name, and is mortgaged. I am paying the EMI to the bank. My mother wants to gift the property to me through a gift deed. What are the formalities, documentation, cost and procedure to complete the registered transfer through a gift deed?
Thanks
Saravanan

Veena Answers:
We are of the view that the registration act does not permit conditional gift deed and a transfer has to take place immediately for the gift deed to take effect. Secondly, execution of a gift deed is not possible when there is a charge on the property. Thirdly, the Bank has to issue a No Objection Certificate that they do not have any objection for registration of the gift deed by your mother in your favor.
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What all documents should be in place before renting out a flat?

atoneplace — Fri, 30 Sep 2011 06:03:07 +0000

Question asked by Ms. Anu Acharaya from Bangalore, India:
Hi, I have constructed a four floor residential building at my 50X30 site in Bommasandra inside a gated community. Each floor has one apartment. I want to let out three floors. What are the documents that I need before giving these on rent? I have violated the FSI. I got to know that apart from regularizing the site by paying Akramam sakrama I need an NOC, electricity papers, Water papers and occupational certificate. Could you please list out all the documents that should be in place before renting my flats out?
Thanks
Anu Acharaya

Veena Answers:
We are of the view that in addition to the regularization, NOC, proof regarding water and electricity connections and occupation certificate, you will also need the Khata certificate and extract pertaining to the units proposed to be leased and the current year tax paid receipt. In the event the lease is for a period beyond 11 months, the same needs to be registered before the jurisdictional sub registrar.
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Can one buy an agricultural land in his wife’s name?

atoneplace — Fri, 30 Sep 2011 05:55:23 +0000

Question asked by Mr. Abhishek from Bangalore, India:
Dear Mam, I’ve a question pertaining to the purchase of farm land and converting it to a farmhouse. Is it possible? Will I be able to sell it as a farmhouse later on – complete or in parts?
My father-in-law has farm land in his name in another state. Can I buy the agricultural land in my wife’s name? Alternatively, can I ask my father-in-law to buy it in his name, if there’s an issue of income criterion? If I buy it in my father-in-law’s name, can I or my wife inherit it as a part of his will? Please let me know if there’s a restriction on the total land that they could own. We all are resident Indians. Thanks in advance for your help.
Thanks
Abhishek

Veena Answers:
To express our views on this query, we need to understand in which part of India is the farm land situated. Regarding inheritance, your wife is the first class heir of your father in law and has rights over the same. But if your father in law executes a will and bequeaths the property in favor of any other children, but still allots some property in favor of your wife, your wife cannot inherit the same.
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Can a NRI inherit agricultural property in India?

atoneplace — Tue, 03 May 2011 06:51:20 +0000

Question asked by Ms. Lakshmi from USA:
My name is Lakshmi and I am a permanent resident of the US. My father has a small agricultural plot outside Bangalore near Magadi and I am unclear as to what the process is in inheriting such property. I read the RBI rules which state that NRI’s can’t inherit such property, is this true? I am looking to apply for US citizenship; will this further affect my status to inherit agricultural property in India?
Thanks
Lakshmi
Vatsala Answers:
Inheritance is not covered by the ban on NRI’s. It is an exception to the rule.
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How much is the stamp duty payable on the sale agreement without possession?

atoneplace — Thu, 10 Mar 2011 09:10:04 +0000

Question asked by Mr. Kamlesh Lakshmanan from Bangalore, India:
I have booked an under construction property (flat) in electronic city Bangalore which costs 40 lakh, the builder is now requesting to have the sale agreement for which he is asking for 20,000/- Rs towards e-stamping, the question I have is : for stamp duty payable on sale agreement (without possession) is it 1% or 0.1%.
Also he suggested that as per Karnataka stamp act, 1957 the stamp duty payable on sale agreement (without possession) is 1% on the market value equal to the amount of consideration subject to a maximum of rs.20,000/-.
Thanks
Kamlesh Lakshmanan
Vatsala Answers:
It is 1% of the value in the sale agreement subject to an upper limit of Rs. 20,000/- This will be refunded if the value in the sale deed to be registered later is the same as that in the agreement.
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Can one apply for home loan even if land khata is not yet transfered due to akarma sakarma?

atoneplace — Thu, 10 Mar 2011 09:03:08 +0000

Question asked by Mr. Pratap from Bangalore, India:
I have a house in Yelahanka, Bangalore which was on my sister’s name and now has been given to me through a gift deed. The land is cmc land. The house khata has been transferred on my name, however due to akarma sakrama, we are not able to transfer the land khata as yet on my name. I am planning to construct a 1st floor and would need house loan for the same. as the land khata is not yet on my name, would it be a problem? I have approached a couple of banks but they declined due to this reason. Is there any way to get a house loan to proceed with the 1st floor construction? Kindly advice.
Thanks
Pratap
Vatsala Answers:
I am not clear about the distinction between the land khata and house khata. There is normally a Khata and a Khata extract. Anyhow the banks do insist upon having it. You can try the private money lenders or co-operative banks and take you chance.
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Whether a land owner can validly sign a sale deed, on the strength of registered development agreement, registered power of attorney, and unregistered agreement detailing sites in favor of developer?

atoneplace — Thu, 10 Mar 2011 08:50:09 +0000

Question asked by Mr. Raghvendra from Bangalore, India:
A developer in Sarjapur, Bangalore has entered an agreement to develop a land and is registered with sub-registrar. Land is developed and developer and land owner share 50, 50 shares of sites formed. Land owner has given a power of attorney to developer, to sell developers share of sites, & is dully registered. Subsequently a simple agreement is signed by land owner and developer, detailing site nos of owner and developer, and is unregistered one. I want to buy a site in the share of developer. Whether developer can validly sign a sale deed, on the strength of registered development agreement, registered power of attorney, and unregistered agreement detailing sites in favor of developer. Power of attorney states only that, developer will have sites of 50% and site nos not mentioned.
Thanks
Raghvendra
Vatsala Answers:
Yes, you can proceed with this transaction. The sharing agreement between the developer and the land owner need not be registered.
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What legal measures can be taken if someone else claims the land on which construction has already been done?

atoneplace — Thu, 03 Mar 2011 09:18:57 +0000

Question asked by Mr. Hari Krishnan from Bangalore, India:
I have constructed a house in HSR layout in the year 2001. It is a BDA site. I have got registered sale deed and Khata. BDA engineer had identified the site and with their approval constructed the house. In 2008 one person is coming and telling me that the plot on which I had constructed is not the correct site number and says it belongs to him. I told him that BDA had identified the site and so he should contact BDA for all his queries. But he is trying to create trouble for me. What should I do? Please advise
Thanks
Hari Krishnan
Vatsala Answers:
If you have constructed on the correct plot, then you have nothing to fear. If not, you can get a deed of exchange made and get the plot transferred between yourself and the person who claims it is his plot. Some stamp duty may be involved, which is unavoidable. The cloud over title will then be settled.
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