Dear Madam,

I have bought a villa from one of the well known builders in KR Puram area. Registration of the house built on the plot is done in my name.  However, I do not have the khata transferred to my name from the builder. Also I have ongoing EMI on a housing loan from a bank. Can I sell the property now? If yes, what are the legal steps ?

Mrinal

Dear  Mrinal,

You can sell the house with mortgage. You should get into an agreement of sale first. The purchaser or his bank can clear your loan and the balance will be paid to you.

The title deeds can be released into your custody if the loan is cleared before registration or into the custody of the purchaser or his bank if the loan is cleared at the time of registration. You should however, get the khata changed in your name.

Dear Madam,

I have a house which is self acquired. I have only one son (no daughter and no wife). Do I have to make a will that my son will get the house after my death?

Some people say I have to make a will and others say it is not at all necessary as my son is the only legal heir.

Even people who advise me to make a will are divided in the procedure - some say the will has to be made on a  stamp paper of Rs 20, signed by two witnesses and notorised; others say it has to be made on stamp paper of Rs 250, signed by two witnesses, a doctor and a lawyer, and registered.
According to still others, it is enough to make it on plain paper, signed by two witnesses.

R Ranganathan

Dear R Ranganathan,
You need not make a will. Your son will be the sole surviving heir and the property will devolve on him by inheritance.

If you do make a will, it need not be registered and can be signed by any two witnesses. It should be drawn up on plain paper. It is optional to have it registered.

Dear Madam,

I am residing in Chennai and intend buying a property off 7 km from Electronics City, 20 km from Bangalore. The site is situated on Hosur road, near Chandapura circle. This property is approved by BMRDA and financed only by a couple of bankers.

My questions are:

a) Since this is approved by BMRDA, some banks are not financing since there is a possibility that this would be taken over by BDA later, at which time, the price dictated by BDA would be the ruling price. Is this true?

b) Is it prudent for us to buy sites approved by BMRDA or should we look for BDA approved sites only? If yes, are there any special clauses we should be looking for?

c) Would we encounter any problem when selling this property at a later date?
Padma

Dear Padma,

The BDA will not acquire properties approved by BMRDA. You can safely purchase as site approved and released by BMRDA provided the title is clear. You would not encounter any problem selling the site later.

Dear Madam,

I am planning to purchase a house in KR Puram area, which is currently CMC. The current owner stated that he had built the house 8 years back and he does not have a khatha for the same.

He has the mother deed and the Absolute sale deed for the property, with the sale deed stating some katha number 58/1 with the address. He says he has paid the tax till 2004-2005.Please advise if I should proceed with the same.

Titty Mathew

Dear Titty Mathew,

You should insist on getting the khata in the owner’s name before registration.

Dear Madam,

I have taken a flat in Malleshpalya (not yet registered). The flat is under construction. In the BMP approval plan, the address of the property is mentioned as 3rd Main, 3rd Cross, Malleshpalya.

But the property is located in 3rd Main, 4th Cross.But there is no inconsistency with the BMP khata number.
The land owner took this property in 1981 when there was no ‘cross’ concept. That time in the sale document it is mentioned with khata number and address as 3rd Main, Malleshpalya, without mention of ‘cross’.

The ‘cross’ number appears only in the documents (BMP approval plan and encumbrance etc), which are 2 years old.

Is khata number legally more important or the address in the BMP approval plan? Will I have any problems in the future, if I want to sell the flat?
 
Can there be any rectification possible for this? If I go for registration now, which cross should I mention in the sale deed?

Prasad

Dear Prasad,

It may be possible to identify the property with the Khata number. However, it is better to get the same corrected or get a separate letter from the BMP stating the correction.

Even otherwise, you may not have any real difficulty in selling the property at a later date. In the sale deed you should follow the original schedule of the parent deed. If you mention any cross number, it should be the correct one.

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.