Comments for Real Estate Legal Corner http://legalcorner.wordpress.com Legal tips from atOnePlace Legal Expert on Indian Real Estate, Taxation, Repatriation, NRI Issues, Mortgage for Indian Properties Tue, 27 Oct 2009 08:37:06 +0000 http://wordpress.com/ hourly 1 Comment on What kind of legal action can be taken if the builder does not fulfill the promises they make at the time of the booking? by atoneplace http://legalcorner.wordpress.com/2008/01/06/what-kind-of-legal-action-can-be-taken-if-the-builder-does-not-fulfill-the-promises-they-make-at-the-time-of-the-booking/#comment-788 atoneplace Tue, 27 Oct 2009 08:37:06 +0000 http://legalcorner.wordpress.com/?p=26#comment-788 Vatsala Answers: If you have an agreement of sale you can sue for specific performance of the contract. You can also try to get an injunction against the owner from re selling the flat to someone else. If you find these steps tedious, you should settle for recovery of money with interest as promised by the owner. Vatsala Answers:
If you have an agreement of sale you can sue for specific performance of the contract. You can also try to get an injunction against the owner from re selling the flat to someone else. If you find these steps tedious, you should settle for recovery of money with interest as promised by the owner.

]]> Comment on Conversion of agricultural land into Non agricultural land (Commercial) by atoneplace http://legalcorner.wordpress.com/2008/02/24/conversion-of-agricultural-land-into-non-agricultural-land-commercial/#comment-787 atoneplace Tue, 27 Oct 2009 08:34:31 +0000 http://legalcorner.wordpress.com/2008/02/24/conversion-of-agricultural-land-into-non-agricultural-land-commercial/#comment-787 Vatsala Answers: If you want to create a resort, you can get the same approved by the single window agency. Alternatively, you can get the land exempted from the purview of the land reforms act (Section 109). The third option is conversion from agricultural to non agricultural use. Sale of plots as farm land is possible in some states outside of Karnataka. In Karnataka, some developers are seeking permission for each and every purchaser to become an agriculturist (with the connivance of the local authorities, this permission is given without looking into their income background) and the plots are sold as farm lands. Vatsala Answers:
If you want to create a resort, you can get the same approved by the single window agency. Alternatively, you can get the land exempted from the purview of the land reforms act (Section 109). The third option is conversion from agricultural to non agricultural use.
Sale of plots as farm land is possible in some states outside of Karnataka. In Karnataka, some developers are seeking permission for each and every purchaser to become an agriculturist (with the connivance of the local authorities, this permission is given without looking into their income background) and the plots are sold as farm lands.

]]> Comment on Repatriation by an NRI of All Proceeds from Sale of Residential Real Property in India, Purchased With Foreign Exchange by atoneplace http://legalcorner.wordpress.com/2008/02/19/repatriation-by-an-nri-of-all-proceeds-from-sale-of-residential-real-property-in-india-purchased-with-foreign-exchange/#comment-786 atoneplace Tue, 27 Oct 2009 08:12:00 +0000 http://legalcorner.wordpress.com/?p=37#comment-786 Vatsala Answers: You can assign your rights as an agreement holder. You need not complete the formalities in your name. You can put the money in your NRE account and repatriate using normal banking channels. Please be aware of the capital gains tax you will be required to pay. Vatsala Answers:
You can assign your rights as an agreement holder. You need not complete the formalities in your name. You can put the money in your NRE account and repatriate using normal banking channels. Please be aware of the capital gains tax you will be required to pay.

]]> Comment on What is the procedure to be followed to transfer the property to one’s name again? by atoneplace http://legalcorner.wordpress.com/2008/07/25/what-is-the-procedure-to-be-followed-to-transfer-the-property-to-ones-name-again/#comment-783 atoneplace Thu, 08 Oct 2009 06:19:00 +0000 http://legalcorner.wordpress.com/?p=73#comment-783 Vatsala Replies: A gift deed is irrevocable only on the grounds of coercion, fraud, misrepresentation or undue influence.. If these conditions are not proved the gift deed cannot be revoked. You should consult a lawyer with the facts and circumstances of the case to see if there are sufficient grounds for revocation. Vatsala Replies:
A gift deed is irrevocable only on the grounds of coercion, fraud, misrepresentation or undue influence.. If these conditions are not proved the gift deed cannot be revoked. You should consult a lawyer with the facts and circumstances of the case to see if there are sufficient grounds for revocation.

]]> Comment on Can a Non Resident Indian Buy Property In India? by atoneplace http://legalcorner.wordpress.com/2008/01/16/18/#comment-782 atoneplace Thu, 08 Oct 2009 06:10:46 +0000 http://legalcorner.wordpress.com/2008/01/16/18/#comment-782 Yes, Large residential projects in real estate are allowed now through the automatic route. You can have a wholly owned Indian subsidiary, a partially owned subsidiary or you can enter into joint ventures with Indian partners. Yes, Large residential projects in real estate are allowed now through the automatic route. You can have a wholly owned Indian subsidiary, a partially owned subsidiary or you can enter into joint ventures with Indian partners.

]]> Comment on Is it mandatory to go have Katha certificate issued by BMP / BBMP for buying a property in Bangalore? by abhilasha http://legalcorner.wordpress.com/2009/06/27/is-it-mandatory-to-go-have-katha-certificate-issued-by-bmp-bbmp-for-buying-a-property-in-bangalore/#comment-778 abhilasha Sat, 19 Sep 2009 09:10:03 +0000 http://legalcorner.wordpress.com/?p=350#comment-778 Hi, For applying Khata registration, you needed to enclose following documents <a href="http://www.commonfloor.com/articles/what-is-khata-transfer-and-registration-and-how-to-do-it-8.html" rel="nofollow">what-is-khata-transfer-and-registration-and-how-to-do-it-8.html [External Link]</a> Hi,

For applying Khata registration, you needed to enclose following documents what-is-khata-transfer-and-registration-and-how-to-do-it-8.html [External Link]

]]> Comment on How to make an authentic power of attorney? by atoneplace http://legalcorner.wordpress.com/2008/07/25/how-to-make-an-authentic-power-of-attorney/#comment-748 atoneplace Tue, 30 Jun 2009 11:11:46 +0000 http://legalcorner.wordpress.com/?p=75#comment-748 Yes, your father in law is your agent and will represent you and act on your behalf for the purpose of representing you in the sub registrar’s office at the time of registration. The property will be in the joint names of yourself and your husband. The POA should be notarized in the US or attested at the embassy and stamped in India within 3 months after its arrival here. The stamp duty paid for the power of attorney is adjusted when the sale deed is registered later. Yes, your father in law is your agent and will represent you and act on your behalf for the purpose of representing you in the sub registrar’s office at the time of registration. The property will be in the joint names of yourself and your husband. The POA should be notarized in the US or attested at the embassy and stamped in India within 3 months after its arrival here. The stamp duty paid for the power of attorney is adjusted when the sale deed is registered later.

]]> Comment on Can A Gift Deed Be Made In The Name Of A NRI? by atoneplace http://legalcorner.wordpress.com/2008/09/08/can-a-gift-deed-be-made-in-the-name-of-a-nri/#comment-746 atoneplace Tue, 30 Jun 2009 11:05:08 +0000 http://legalcorner.wordpress.com/?p=83#comment-746 If the land is agricultural, you should first check the land use assigned by the master plan in your city. If it not in any restricted zone, green zone or valley zone, then you can get it converted to the zonal use assigned. Simultaneously you can seek permission for change of land use to commercial use. This may be granted or refused, depending on the area, after inspection by the authorities. The whole process will take about 3 to 4 months. The other legal formalities are getting the plan approved and getting all required permissions like environment clearance, airport authority clearance, survey of India clearance, etc., which are again linked to the height of the proposed building. You could also try to get a single window clearance. The cost estimate for Mangalore project cannot be given by me in these columns. If the land is agricultural, you should first check the land use assigned by the master plan in your city. If it not in any restricted zone, green zone or valley zone, then you can get it converted to the zonal use assigned. Simultaneously you can seek permission for change of land use to commercial use. This may be granted or refused, depending on the area, after inspection by the authorities. The whole process will take about 3 to 4 months. The other legal formalities are getting the plan approved and getting all required permissions like environment clearance, airport authority clearance, survey of India clearance, etc., which are again linked to the height of the proposed building. You could also try to get a single window clearance. The cost estimate for Mangalore project cannot be given by me in these columns.

]]> Comment on Who if anyone is liable for Service tax under construction of complex service ? by atoneplace http://legalcorner.wordpress.com/2008/01/04/who-if-anyone-is-liable-for-service-tax-under-construction-of-complex-service/#comment-745 atoneplace Tue, 30 Jun 2009 10:54:35 +0000 http://legalcorner.wordpress.com/2008/01/04/who-if-anyone-is-liable-for-service-tax-under-construction-of-complex-service/#comment-745 If you are receiving the money as a donation, it will be exempted from tax, provided you have clearance certificate from the tax authorities and you are registered as a charitable trust and is a donation. If you are receiving the money as a donation, it will be exempted from tax, provided you have clearance certificate from the tax authorities and you are registered as a charitable trust and is a donation.

]]> Comment on Information about selling gifted property. by atoneplace http://legalcorner.wordpress.com/2008/02/17/information-about-selling-gifted-property/#comment-744 atoneplace Tue, 30 Jun 2009 10:52:24 +0000 http://legalcorner.wordpress.com/2008/02/17/information-about-selling-gifted-property/#comment-744 The order making the gift should be scrutinized. One has to ascertain under which Act the gift was made. If it is a simple gift of wakf property, then the act pertaining to muslim religious institutions should be looked into. You should get the documents to a lawyer and thereafter application of mind is called for. The order making the gift should be scrutinized. One has to ascertain under which Act the gift was made. If it is a simple gift of wakf property, then the act pertaining to muslim religious institutions should be looked into. You should get the documents to a lawyer and thereafter application of mind is called for.

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