Real Estate Legal Corner

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

atoneplace — Tue, 04 Oct 2011 06:00:21 +0000

Question asked from 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

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How soon can one repatriate the dollar amount put in to buying a flat?

atoneplace — Tue, 04 Oct 2011 05:56:55 +0000

Question asked from Mathi Jay from Chennai, India:

I have procured a flat in Chennai, India. Paid 70% thru foreign remittance (for which have proof). Planning to sell the same, how soon can I repatriate the dollar amount I put in? If I submit the proof of the wire transfers, can I get them repatriated as soon as I sell? Also note my first dollar payment was in Jan 2007 and the last dollar payment in Sep 2008. If the sale proceeds were to be in Indian Rupees, what type of account should I put in to have it repatriated at the earliest? If I put it in a NRO in a foreign bank (e.g. citi), can I get them repatriated immediately if I produce certificates of foreign wire transfer?

Thanks
Mathi Jay

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Can a landlord verbally ask the tenants to vacate the premises?

atoneplace — Tue, 04 Oct 2011 05:22:58 +0000

Question asked from Ehtehsam from India:

Hi all Advisors, I need to know according to law is this legal for landlord to tell tenants who is staying more than 40 years commercial and residential to vacate in 3 months verbally. We are staying more than 40 years there are 4 shops and 1 house everyone is more than 35 years no one is having agreement and all the things are taking care by tenants. Owners also not living in that house more than 25 years. Can anyone give me suggestion how should I proceed to court to stop landlord. They want to sell whole area and they are forcing tenants to vacate soon. Please advise us legal action and help us.

Thanks
Ehtehsam

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Is it possible to add another person to an already registered property while the documents are with the bank?

atoneplace — Tue, 04 Oct 2011 05:20:11 +0000

Question asked from 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

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Can one take a legal action if the developer fails to fulfill the commitments he had made?

atoneplace — Tue, 04 Oct 2011 05:15:10 +0000

Question asked from Claire Smith from UK:

I have had a porch built in however recently there has been damp seeing through on the plaster through the wall I asked some other builders what the problem with the damp might be and he said that they have built a single wall not a double wall. So I phoned the company up who built the porch and I have a 10 year guarantee and they keep ignoring my calls they say they will come and sort it out but they are not. Is there any legal advice can I take the company to court and get compensation because I have spent a lot of money on this?? Is so where do I go to apply for legal action?

Thanks
Claire Smith

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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 — Tue, 04 Oct 2011 05:09:46 +0000

Question asked from 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

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Will it be a problem if the dimensions on paper and actual land size differ?

atoneplace — Tue, 04 Oct 2011 05:03:21 +0000

Question asked from 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

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Is it necessary to have Indian Nationality to be a member in a Society Registration Act?

atoneplace — Tue, 04 Oct 2011 04:55:15 +0000

Question asked from Chabel Josiane from France:

Is it necessary to have Indian Nationality to be a member in a Society Registration Act? Is it still necessary to be 7 members?

Thanks
Chabel Josiane

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Is it legally possible for a NRI to sign the transfer form or power of attorney with the copy of the house document at the Indian Embassy?

atoneplace — Sat, 01 Oct 2011 08:12:31 +0000

Question asked from Ms. Jini William from Melbourne, Australia:

Hi, good day. I and my husband have resolved our Indian property disputes in court in Melbourne. My husband is going to sell one land in India and send me my share through bank. Our joint property of two bed apartment will have to be transfer on my husband’s name. Without both of us going to India, can we go to Indian Embassy in Melbourne and sign the transfer form or power of attorney with the copy of the house document? Is this is possible?

Thanks
Jini William

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Is the share certificate issued by a Registered Co-operative society will be a valid title deed?

atoneplace — Sat, 01 Oct 2011 08:09:23 +0000

Question asked from Mr. Amarendra Paul from India:

I am a member of a Registered Co-operative Society who allotted a flat in my name. They issued a share certificate of Rs. 100/- along with allotment letter, possession certificate etc. I have taken a loan from a bank and bank is insisting for creation of Equitable Mortgage over the property by executing a registered sale deed. Now the question is whether sale deed is required for E.M. when a flat is allotted by a Regd. society. Is the share certificate is not a valid title deed for the purpose. What are the documents required for Equitable Mortgage in case of a flat allotted by the Regd. co-operative Society?

Thanks
Amarendra Paul

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