Legal Corner » Possession

What are the formalities for getting a reserve plot handover from a land owner to the local body?

atoneplace — Sat, 05 Nov 2011 07:09:45 +0000

Question asked by Mr. G.Krishnamoorthi from India:
We are around 50 people who purchased plots (Individual Plots i.e. 3 cents 5.5 cents like) from a Land owner in 1987. The land owner provided a Place for Park & Cps some portion in the total plots. He got it approved from DTP approval in 1987 DTP No 135/87. Based the DTP Plan we have constructed house. The Land owner has not handover the reserve site to the local body called Panchayat. Now the reserve site was occupied by some body. The land owner denied to handover the reserve site with local body. Can we (Plot owners) hand over the reserve site with Panchayat. What are formalities? Kindly let me know the formalities.
Thanks
G.Krishnamoorthi
Veena Answers:
We are of the view that all the plot owners should form an association and demand the land owner to hand over the reserve plot to the local body. In case the land owner fails to adhere to the demand/claim, the Association should initiate legal action against the land owner.
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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a newspaper notice informing the general public that the GPA executed by your father in favor of the attorney has been revoked and if any one transacts with the attorney on the basis of the GPA they will be doing so at their own risk and you shall not be liable for any consequences.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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Is it possible to add another person to an already registered property while the documents are with the bank?

atoneplace — Mon, 03 Oct 2011 10:07:32 +0000

Question asked by Mr. David Rajasekaran from USA:
I would like to add my wife’s name to the property which I registered already. But the documents are with the bank that is providing the loan. Is there any way I can get the originals and do the registration change at this time or should I have to wait until I receive the documents after the loan is complete?
Thanks
David Rajasekaran

Veena Answers:
We are of the view that your wife’s name cannot be added till such time the loan transaction is closed.
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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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Will it be a problem if the dimensions on paper and actual land size differ?

atoneplace — Mon, 03 Oct 2011 09:42:57 +0000

Question asked by Mr. Raja from Chennai, India:
Hi Sir, Me and My friend planning to buy a land in Chennai. There are two lands we found to suite us. The actual land size is 30*65(say plot numb 19 and 20) each. We both need only 20*65 based on our budget. So we decided to buy plot numb 19( 30*65) and 10*65 from plot numb 20. So totally it will come 40*65 and we can share it. But the problem is in the document actual size is mentioned as 40*60 for both the lands. In the CMDA layout plan it is mentioned as 30*65. Actual land measurement is also 30*65. Only in the document it is differ. Will it be a problem for us? Please guide on this and let us know if you need more clarification.
Thanks
Raja

Veena Answers:
We are of the view that a rectification deed needs to be executed between the previous owner and the present owner. The same needs to be registered with the sub registrar. Only upon such execution of the rectification deed, the present owner can convey the property in your favor.
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Can a house be sold without the possession letter?

atoneplace — Sat, 01 Oct 2011 06:02:40 +0000

Question asked by Mr. Odell Aguiar from India:
I bought a house in 2006. I have a bank loan on the house and have paid it off in full and received all the original documents as of Aug’ 2010 However, the builder has not given me a copy of the possession letter and is demanding more money. Can I sell my house without the possession letter?
Thanks
Odell Aguiar

Veena Answers:
We are of the view that in the event all your loan documents are cleared and you are in possession of the original documents, you can convey the property to third parties even in the absence of a possession letter from the builder. Only if the property is allotted by a society, allotment letter and possession letter are mandatory.
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Whether it requires to make dastavej in favor of a buyer from developer or one can directly sale a co-operative society flat?

atoneplace — Sat, 01 Oct 2011 05:49:33 +0000

Question asked by Mr. Kirtikumar Parekh from Mumbai, India:
Dear Mam, We are holding a flat in Mumbai in co-operative society from: 1992 on allotment basis: Developers have made agreement with us & also co-operative society has issued share certificates in favor of us. i.e.: on allotment basis. So now reply whether it requires making dastavej in favor of us from developer or we can directly sale it to other parties while making dastavej in favor of party? Please reply me soon.
Thanks
Kirtikumar Parekh

Veena Answers:
A transfer deed can be executed and registered before the sub registrar by annexing the share certificate. Thereafter, the society will give effect to the change in ownership and issue a share certificate in the name of the purchaser.
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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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Can a gift deed be defended without obliging the person who made it?

atoneplace — Fri, 30 Sep 2011 06:13:37 +0000

Question asked by Ms. Partiben from India:
We are 6 siblings, My aunt has gifted herself acquired property to me through a registered and unconditional Gift Deed 10 years ago in which 2 of my sisters are witness. I have not got the khatas transferred to my name as yet nor am I living in the gifted property. Now my aunt has threatened that she will cancel the Gift Deed unless I pay a certain sum to my other brother and sisters. Please advise how I can defend this Gift without obliging my aunt or other siblings.
Thanks
Partiben

Veena Answers:
To respond to this query, we need information regarding hand over of possession in your favor upon execution of the gift deed. Further, we also require information about who is in possession of the property as on this date. Upon execution and registration of the gift deed, have you rented out the property or your aunt is still in possession of the property. Once we receive the information sought for, we can advise you appropriately on the next course of action.
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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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