Comments for Real Estate Legal Corner

Comment on How to make an authentic power of attorney? by atoneplace

atoneplace — Tue, 30 Jun 2009 11:11:46 +0000

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

atoneplace — Tue, 30 Jun 2009 11:05:08 +0000

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

atoneplace — Tue, 30 Jun 2009 10:54:35 +0000

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

atoneplace — Tue, 30 Jun 2009 10:52:24 +0000

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.

Comment on What should be done if the developer doesn’t repay the money back? by atoneplace

atoneplace — Tue, 30 Jun 2009 08:19:29 +0000

The contract to sell or purchase immovable property is a personal contract and is not bound by jurisdiction of the property. It is based on private international law. You should examine the contract to see if any court has been named for solving disputes. Otherwise the place where the builder has his registered office will have jurisdiction.

Comment on Sales and Service tax…Legal Help please! by atoneplace

atoneplace — Sat, 27 Jun 2009 10:35:46 +0000

Vatsala Replies:
The BWSSB and KEB/ KPTCL charges are collected for installing water, power and sewage lines to the plot from existing lines, for installing transformers, individual meters, deposits for such meters, etc. It does not depend on the size of the flat. Only the number of meters installed should correspond with the number of flats. Even if water is not supplied now, the builder may keep the connections ready, but the BWSSB cannot collect any money from the consumer because they will not be authorized to do so.

Comment on What Are The Legal Issues Associated With A NRI Having A British Passport Buying A Business Property In India? by Always Indian

Always Indian — Mon, 16 Mar 2009 07:13:45 +0000

Thanks for the valuable information!

Comment on Charges against open car parking by atoneplace

atoneplace — Mon, 16 Mar 2009 06:47:29 +0000

Ms. Vatsala Answers to Mr. Sachin:

This has become common practice and no clear judicial decision is available. Therefore you can take your chances in a court of law by challenging the same.
Vatsala
http://www.atoneplace.com
http://www.atoneplace.tv
http://www.legalcorner.atoneplace.com

Comment on What does it legally mean when one’s name is shown as a “nominee” on the property documents? by floor jack

floor jack — Sat, 14 Mar 2009 12:38:57 +0000

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Comment on Problems with merging of two 1 BHK to one 3 BHK by Builder by atoneplace

atoneplace — Fri, 06 Mar 2009 09:12:26 +0000

Ms. Vatsala replies to Ms. Yamini:

Normally the purchaser’s advocate will handle the drafting of the sale deed. You can appoint your own lawyer for scrutiny of the same. You can collect the cash component, if any, at the time of entering into an agreement or if there is no agreement, at the time of registration. The cheque is handed over at the same time. If you have held the property for more than 3 years before its sale, you will be liable for long term capital gains on the profit earned. You can purchase an apartment within 3 years of the sale or deposit the amount in certain bonds prescribed by the government. Vatsala
http://www.atoneplace.com
http://www.atoneplace.tv
http://www.legalcorner.atoneplace.com