Takes you through a variety of situations arising out of sale or purchase
While booking a flat, I signed two agreements with the builder/developer who is a registered GPA holder of the land and has rights to construct and sell the apartments - agreement to sell undivided interest in land and construction agreement. While the apartments are in the completion phase, the builder approached me for the sale deed. In the sale deed, he has mentioned only the undivided share in land and for the apartment he says it is not required to execute the sale deed as he will be providing us the deed of declaration which will be duly registered. Thus, we will be paying the registration amount for the undivided land only. Is it right to execute a sale deed for the undivided interest in land only as the land will be later registered in the name of the society? And will I be the sole owner of the apartment if I agree to execute only a deed of declaration and not the sale deed for the apartment?
— Amit Arora
Based on the details provided, it seems to be a scheme floated by the builder. The sale is of undivided share in land, and based on the agreement to sell the builder is constructing an apartment for you, corresponding to the undivided share sold to you. In such a scheme, the sale deed is for the undivided share in land and in such a sale deed only the apartment is shown as being constructed. You will be the owner of the undivided share in land and also, by virtue of paying for the construction, you will be the owner of the apartment.
We purchased a flat with a registered sale deed for undivided interest. The flat was exclusively built for us by a construction and sale agreement including car parking. It is not registered. We have a separate khata and are regularly paying property tax. Now we want to gift it to our son through a gift deed and want to include the details and car parking with undivided interest. What is the procedure?
— Chandran
You have to make a gift deed for the undivided share and also a sale deed for the flat. The gift deed is to be registered with the subregistrar's office concerned. If the gift is of a property in Karnataka, the stamp duty is Rs 1,000 and the registration fee is Rs 500.
I am planning to buy a site under the notification of 'expressway from Outer Ring Road to international airport.' We heard that this proposal is cancelled. We are planning to go ahead with registration and house construction. Where do we find out about the cancellation?
— Sareena Rose
You should check with the National Highways Authority of India which is the acquiring authority. You should also check with the Karnataka Industrial Areas Development Board or the land acquisition office. You should ensure that there are no notifications, because if the land is notified but the process is stayed for a while it could still be acquired.
Ours is an ancestral property now held by my older uncle who is a bachelor. Recently, he executed a Will and wished to share the property with both his younger brothers which include my father. The other brother who never bothered all these years wants a share now. How do we avoid giving him the share he does not deserve?
— A reader
If the property is ancestral property, it will belong to all the coparceners. This will include your uncle, your father, the elder uncle and their respective family members, including the daughters. Your uncle who wishes to bequeath the property by a Will can only bequeath his share in the ancestral property. Your father and the other uncle will also have a share in the ancestral property irrespective of his deserving it or not.
I purchased one acre of agricultural dry land a year ago registered it in my name. Recently, a broker sent me a lawyer's notice saying that he had paid Rs 1 lakh advance for purchasing the same land and made an agreement for purchase which he says has been registered in the registrar's office. Upon investigation I found that the validity period of the agreement was three months and the seller had sold the land to me after the expiry of this period. The seller is dead. His parents, who as the parties signed the sale deed in favour of me, showed me the documentary evidence for returning the advance amount to the broker through a demand draft. The broker says my registered sale deed is not a valid one and wants me to give the land to him. Please advise.
— Palani A
Firstly, in order to protect the possession, you should initiate proceedings against any threatened action and make the necessary application for injunction from any interference from the broker. If the sale deed has been executed after the agreement was terminated and there was no valid contract existing prior to the sale deed being executed in your favour, you need not be worried.
In the early 1980s, a few friends and I formed a layout on land duly convert ed for residential purpose and got a partition deed executed with each of us getting one 36x60 feet
site. I got a corner site.
Then, the government initiated proceedings for acquisition of our land for a bank employees' housing society against which we filed our objections and got our portion of the land dropped from acquisition. In 1988 the society formed the layout. We made provisions for roads, and an additional 20 feet was added and a road of 45 feet was made. With this, those of us who had corner sites got additional area and I got 43x60 feet since then. As per partition deed, I have title for 36x60 plot whereas presently I am in possession of a higher dimension plot. I have paid property tax under the then prevailing CVS for my actual holding and in the present SAS declared the same. Can I obtain title on the excess land of 420 sqft I am in possession from 1988? If I want to sell that property as it is, can I factor in the excess area?
— B N V Murthy
The excess area which you have would be part of the land which has been acquired for the society and as such would be the land which would belong to the agency which has acquired it. If you can ascertain who the owner is you could ask for transfer of the land. Otherwise, you would be retaining possession without title till you have perfected your title by adverse possession, which in case against the government would be after 30 years of payment of tax and uninterrupted possession, and in case of a private person it would be 12 years.
Disclaimer
These responses are general in nature. Neither the author nor the newspaper is responsible in any manner whatsoever for decisions taken based on them.
Readers are requested to consult their legal adviser before taking a decision.
Courtesy times property dtd 10/10/2010
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