Dear Madam,

I am in the process of selling some land I own. In order to avoid capital gains tax, I am planning on investing in another property. Do I have to buy the property in India or can I use the funds to invest in property in another country and still be able to avoid capital gains? 

Uma

Dear Uma,

You have to purchase the property in India only. You cannot purchase a property elsewhere and claim capital gains exemption.

Dear Madam,

My mother owns a site of 45x 60 in BEML Layout. A small temple has been built in front of the house. So neither are we able to get the plan sanctioned nor transfer the temple somewhere else. What should we do now? Kindly suggest.

Jayasudha

Dear Jayasudha,

A temple constructed in front of your site cannot alter your right to construct a house on your own site, provided you are compliant of zonal uses and set back regulations. Therefore, you can file a writ petition against the office concerned for refusing you permission to build your house.

Dear Madam,

We have applied for khata two years back and it has still not been transferred from my grandfather’s to my father’s name. There was a slight mistake in the measurement of the land because at the time of sale deed they forgot to mention one portion of the room, because of which the revenue officer is denying to do the khata.  Please advise.

Vinodh S

Dear Vinodh S,

You can furnish an affidavit stating that you have been in possession of the property for a long time and show the existing boundaries. You can indemnify the government against any adverse consequences of litigation that may arise. Then the khata can be transferred to your name with the new dimensions.

Dear Madam,

I have bought CMC property in Uttrahalli for which the betterment charges were not paid earlier. I have done Khatha transfer on to my name. Now I wish to apply for plan approval. With Greater Bangalore coming up, is there any chance of payment of betterment charges opening up, so that my plan approval will not get stalled. Please advise.

Aravindan 

Dear Aravindan, 

Since the formation of Greater Bangalore, there is a delay in all matters relating to Khata transfer, assessment of property tax, plan sanctions, etc. However this is a temporary short-term situation and you should wait it out.

Dear Madam,

My mother along with her colleague (not blood related), jointly purchased a vacant revenue site (presently in BMP area) near Kamakshipalya in August 1980.  Since then they have not paid any taxes or the betterment charges. Now the area is covered under ward No 36 of BMP.

As both the owners are in the advanced age group, they want to partition the said vacant site among themselves so as to alienate the property according to their own wishes.

The Sub-Registrar of Peenya has denied to register the partition deed on the ground that the land is not converted and there is no khatha number. The BMP office has refused to provide Khatha stating that at present there is ban to convert the revenue site.

Kindly advise us in the following backdrop:

a) The joint holders are ready to pay the taxes and get the Khatha from the BMP, but are being denied the same.

b) The Sub-Registrar refuses to register the partition deed, though there is no ‘sale or purchase’

c) As the owners are 82 and 70 years old, how can the problem be solved? How can they partition the property peacefully?

d) Can the Court intervene and direct the Sub-Registrar to register the partition deed? If yes, what is the procedure to do so?

Anonymous

Dear anonymous

Since the property is coming within BBMP, you should get it regularised under the Sakrama scheme. Then the Khata will be issued after which the Partition deed can be executed.

Dear Madam,

I approached a builder at Kundanhalli gate to purchase a flat which is under construction. I have given a token amount of Rs 10,000 and took papers from him for verification. But in verification
I found that he is not constructing building as per sanction plan. There is too much deviation from sanction plan, and my selected flat was not there in the same. When I approached him with this problem and asked him to return the said token amount, he refused.

I had given him token amount by cheque and he has not given me receipt of that amount. Can you please guide me to get back the money?

Ajit

Dear Ajit,

You can file a simple money suit for recovery of the amount even though you do not have a receipt. You should show the cheque amount details in the plaint.

Dear Madam,

We are a theatre group, a non profit set-up registered with Mumbai Charity Commissioner as a Public Trust. We have collected some funds to be able to set up a theatre training educational institute in rural Maharashtra.

Can we, as a trust, buy agricultural land? If not, then can we get what is known as ‘63 permission’ that might allow us to buy this land and make our dream arts project on it?

Atul Kumar

Dear Atul Kumar,

You are advised to contact a lawyer practising in Maharashtra as the local laws in that state have to be looked into before answering your question.

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.