Dear Madam,
What is the procedure for purchasing a flat from a father, who’s flat is registered in the name of his sons who are currently residing in the US, and it is not possible for them to come to India for the same. Kindly explain the legal procedure in this case.
G Narsing Rao

Dear G Narsing Rao,
A power of attorney has to be executed by the sons in favour of the father in the US and notorised there. After reaching India it should be adjudicated. The sale deed can then be executed by the sons represented by the father in the name of the purchaser. It will also be prudent to establish contact with the sons to ascertain if the power of attorney is genuine.

Dear Madam,
I have bought a flat in Electronic city. Recently BDA has published in a press release that this project has violated Zoning regulations by constructing more blocks than approved by BDA. However, the developer is saying that they have not violated any Zoning regulations, they say that they have only constructed two extra floors in some of the buildings and for which they are getting the approval from BDA.What steps do I need to take in order to make sure that everything is fine. The possession for the flat is scheduled for early next year.
Rajdeep Lahkar

Dear Rajdeep Lahkar,
You should abide by the warning given by BDA and purchase only those apartments in blocks and floors approved by the BDA. You should not purchase in any other floors or blocks as it is clearly unauthorised. It is not clear from your letter if you have in fact already entered into a contract to purchase the apartments which are outside the scope of the sanctioned plan.

Dear Madam,
I have an apartment in south of Bangalore. Lately there has been a litigation on that property, which says that a big stretch of land that houses my apartment, belongs to a Bank Officers’ Society. We have acquired the khatha and the possession certificate for the above said property and also have been paying property tax for two years. SBM, a nationalised bank, offered loan for this property. Now we have received an eviction order form the district tahsildhar. There are almost 5,000 families residing in this entire stretch of land that is under litigation now. The Bank Officers’ Society has a High Court order with them that states that the entire piece of land belongs to their society but they have not taken the possession of the land. Now the case is in the court. What might happen to my property?
Vikram

Dear Vikram,
You should individually or collectively implead yourselves in the case in the court, failing which any order passed by the court will bind you.

Dear Madam,
A builder has given me possession for my flat, however I cannot move in as he does not have the occupancy certificate till now. The  builder says they are not responsible for the delay in getting OC as  they have completed the building and the delay is from the  government. I am not sure if the builder delayed in giving the  request for OC itself. As I understand the builder is responsible for  getting the OC, can I get some reimbursement for my costs from the builder for the delay? The house was supposed to be ready by December. I have got possession of the house in March end after making the full payment.
Trilokesh.

Dear Trilokesh,
Occupancy certificates are normally not issued for apartments which have only ground + 3 upper floors, though it is required by law. If yours is a high rise building, it will definitely need the OC. There is a time limit for getting it and the builder is responsible for the same. If the OC has not been got, normally power and water supply will not be given. You can move the consumer court for delay in giving possession.

Dear Madam,
My father purchased a private land in High Grounds, Bangalore, in 1954 and put up a residential house in 1955, residing in the same till 1973. In 1973, permission was obtained from house rent controller for conversion into non-residential purpose and it continues to be non-residential till now. Now is it necessary to change the land use from residential to commercial purpose from Bangalore Development Authority? Since the conversion the house tax on the building is paid as non-residential to the corporation city of Bangalore.
Suresh Chandra

Dear Suresh Chandra,
High Grounds comes within the BMP area and it is not necessary to get any conversion order now. However the present land use should be ascertained as per prevailing rules from the BMP.

Dear Madam,
I am planning to purchase a flat in KR Puram (CMC area). It has ground floor (car parking area + 3 flats) + 4 floors. Can I go for a flat on the ground floor? 
Suresh Kumar V

Dear Suresh Kumar V,
You should scrutinise the sanctioned plan. If the apartment is duly sanctioned by the CMC, you can purchase the same. Do not purchase anything on the fourth floor without more clarity.

Dear Madam,
I purchased a vacant land in Kalapatti Panchayat near Avinashi Road, Coimbatore, in 1996. I purchased the same from a person who was appointed as a power of attorney by the land owner. Now I want to sell the vacant land immediately. But the brokers say that the said site did not have the panchayat approval and proper registration. Please advise me.
Kamala S

Dear Kamala S,
You are advised to contact a local lawyer in Tamil Nadu and verify the claims of registration and panchayat approval. Advise on this matter without the documents cannot be done.

Dear Madam,
I have bought apartment from Ittina. Please guide me on the following:
1. What is Individual Khata ?
2. How to get it from Anekal GC ?
3. What is the actual fees (any taxes)?
4. What is EC for the apartment?
5. How to avail it and from where ?
6. Whats the fees for EC?
 Brijesh

Dear Brijesh,
Individual Khata is given for each flat after the building is constructed. You should apply in the required form, pay the fees and enclose the sale deed and tax paid receipts. This can be done only if the Khata is already made out in the original owner’s name after assessment to tax. If not, it is better to apply for it collectively. The Khata for a brand new flat will be issued only after the flat is measured and assessed for tax. The EC will reflect all the transactions of sale, mortgage or gift made about the flat for the period applied for. It is issued by the sub registrar’s office. The fee is nominal and depends on the number of years applied for.

Dear Madam,
We are residing in Devasandra for more than 20 years.
There is a 30x40 vacant site adjacent to our house and it is vacant for the last 20 years. We want to purchase the land and wanted to know who the owner is. We tried to find out who the owner is by asking the neighbours of the land as well as from the person whom we purchased it but to no avail. Whom should I approach for getting the owner’s address and what documents should I verify to find out whether he/she is the actual owner of the land. Is there any law by the government which acquires vacant land and sell it now?
Manjunath

Dear Manjunath,
There is no law whereby the government acquires one vacant plot and sells it to the public. You can approach the tax authorities who can give you information on the tax payer. Alternatively you can apply for the Encumbrance certificate and see if the sale in the name of the owner is listed. If yes, you can apply for a certified copy of the same and trace the owner by that document.
Dear Madam,
I would like to confirm if in Tamil Nadu the village panchayat presidents have powers to give building plan approval or layout approvals.In their absence, is there any alternative person for granting approvals.
D Ramya

Dear D Ramya,
Yes, in Tamil Nadu, panchayats can sanction layouts within their jurisdiction.

Dear Madam,
I am thinking of buying a plot of land in a layout in Sarjapur Road. The original plot was 5,000 sq ft which is now being divided into 2 plots (2,000 sq ft and 3,000 sq ft). I am interested in the 2,000 sq ft plot. Does a non BDA approved site which is not notified by BDA carries a risk of acquisition at any future date? Does a divided site like this carry any risk.
Charou Malhotra Naik

Dear Charou Malhotra Naik,
Non BDA layouts do have the risk of being issued show cause notices by the BDA. They can also be blacklisted. However the risks of acquisition of one site in areas which are built up are negligible. A divided site with Khata issued by the gram panchayat can be registered, provided conversion certificate is available. It may not be possible to show that it is part of a layout in the registered deed. To assess the risk, you should meet a lawyer and understand the situation before proceeding.
The author is a practising advocate specialising in real estate matters. You may e-mail your questions to 1.vatsala@gmail.com. Please mark your mail with `Legal Angle’ in the subject line. You may also write to us at: The Editor, Legal Angle, Deccan Herald, 75, MG Road, Bangalore - 560001.Disclaimer: All the answers provided herein are of a general nature. It is advisable to get specific legal advice after furnishing detailed history of each individual case.