Dear Madam,
I  want to know the details for transferring a registered property document of Bangalore, registered at Chennai office in 1987. I had visited the sub-registrar at Bangalore Central Office for getting my encumbrance certificate. I got the certificate but the name was not mentioned. When I enquired about the same, I was told that the memo from Chennai Registrar’s office had not been received at the Bangalore District Registrar’s Office. Please let me know how to go ahead regarding the issue. Should I contact the Chennai Registrar or Bangalore Registrar?
Prakash

Dear Prakash,
As there has been inordinate delay in getting the endorsement in Bangalore, I suggest you send notices to the sub registrar concerned, in Chennai, and follow it up with a writ petition, directing him to send the endorsement to Bangalore. You should check with a lawyer about limitation for filing such a suit by reciting more facts about your attempts.

Dear Madam,
I am about to buy a 2 BHK flat near Airport Road, Bangalore, on the 3rd floor of a 5-floored building. As per the builder, the flats on the 3rd floor (2 flats) and one on the fifth floor, do not have official sanction. But he says this would not be a problem since it is normal for many builders to have a couple of un-approved flats in a project. Should I invest in such a flat? Please help me as I did not clearly understand what the builder meant.
Monil

Dear Monil,
Do not purchase anything without sanctioned plan, because you will not get bank loans and also because resale is difficult. However, if the total deviations for the entire building is less than 50%, you can get the same regularised. If not, it is better to stay away.

Dear Madam,
I have some questions pertaining to the succession act of 2005.
My father passed away in 1992, leaving behind his widow (my mother), 3 daughters and 2 sons. My mother wants to sell the house and divide the property amongst the children. The said property is a house, built with funds from the proceeds of an earlier house + sale of ancestral land + bank loans paid for, by my mother using pension funds + extra funds provided by me. My eldest two sisters are married, one in 1963 and the other in 1974. The 3rd sister is unmarried and is looking after my mother. The fourth and fifth in line are my brother and I.
What rights do my mother, my two married sisters, my unmarried sister, my brother and I have?
VJ

Dear  VJ,
Presuming the property is in Karnataka and you are Hindus, and also taking note of the fact that ancestral and self acquired funds have gone into the property, it will be prudent to treat it as ancestral property. In such a case, the shares of the mother, unmarried daughters and the sons are equal. The share of the married daughters is smaller and is a portion of the share, deemed to have been allotted to the father on a notional partition prior to his death. You will have to approach a lawyer with the papers to get more details.

Dear Madam,
I had availed a loan from Vijaya Bank for purchasing an apartment in Bangalore. The bank's attorney before the purchase verified all property documents and the loan was approved in April 2006. The property is ready for occupation and we recently completed the registration of the same. However, when we went to the bank to submit the original documents (sale deed), to the manager of the bank, the manager now says that we have to register a memorandum in favour of the bank by paying a stamp duty of 1% of the loan amount which amounts to Rs 10,000 in my case. These amounts are too much for us and it will adversely impact our financial position and repayment plan.
We were not informed about this before availing the loan nor is it included in any of the loan contract/documents of the bank. Can the bank ask us to do this now? Also, there is no mention of this in their loan procedures in their new website www.vijayabank.com.
Please guide us on the same.
Anil Menon

Dear Anil Menon,
The extra stamp duty is imposed by the government on mortgages. It is a law and has to be complied with, until such time it is set aside. It is a statutory obligation.

Dear Madam,
My Hindu father died intestate leaving behind self-acquired and ancestral properties, two wives and children. Is it true that in case of partitions as per the Modern Hindu Law and Hindu Succession Act, the second wife is not entitled to share in any properties, and children borne out of a second illegal marriage, can get their share only in self acquired properties but are not entitled for share in ancestral property? 
How far it is true?  Please guide me.
Uma

Dear Uma,
This is true. You can refer to the judgement of the Supreme Court in 2002 in the matter of Jinia Keotin Vs. Kumar Sitaram Manjhi.

Dear Madam,
I am staying in a 2BHK flat that I bought in Pune, Lullanagar. Now the parking area allotted to me is such that I cannot park my vehicle in it. It is between two parking areas such that if I want to take my car out from there, then I will have to first call the other members to remove their car first and only then can I remove my car.
Understanding this, I repeatedly called up the builder to get my parking place changed but he has given no response and answers very arrogantly. Can consumer court help me in this regard?
Prashant Dhavale

Dear Prashant Dhavale,
Yes, you can definitely approach the consumer court for deficiency in service because the car park allotted to you has put you to undue hardship.

Dear Madam,
We purchased some plots in Hyderabad, some with loan and others paid in full. We live in USA, so we gave power of attorney to one of our relatives. Now, how can we make sure that these plots are registered in our name and the relative is not the owner?
Is there any website, phone number,etc, to find out from USA as to whose name is on the survey numbers, plot size, details,etc?
Also, we gave him the general power of attorney. Can he use the same to sell our plot without notifying us? Do we have to cancel the power of attorney on these plots now, as they are registered? If so, can we cancel the same from USA?
Suneetha

Dear Suneetha,
You can apply for the encumbrance certificates which will tell you in whose name the documents are registered. Also, by now you should be in custody of the original documents. You can always revoke the registered sale deed by a deed of revocation, which should also be registered. There is no website which gives this information. You should engage a local lawyer who will be able to do the needful.