Dear Madam,
I am an NRI working in Oman. I belong to an agricultural family that owns 15 acres of agricultural land in Karnataka.

Recently, I bought an acre of agricultural land on Mysore road, through NRE account. I gave the GPA to my in-law to deal on my behalf.

The land registration in my name with GPA and all the payment has been made to the selling party in front of the sub-registrar and a lawyer. Even the PAANI of my existing 15 acres of land (to show that I am a born agriculturist), was produced to the department.

Everything went smoothly. But, now I came to know that an NRI cannot buy agricultural land. I want to come back and settle in Bangalore for which I need this land as a source of my income. What should I do if anyone objects to the same later? What are the future legal consequences? Am I going to lose this land despite having paid complete (hard earned) money?

 As an NRI, am I eligible to buy an industrial converted land in yellow zone on Mysore road in my name. All the NOCs’ are obtained for the said land. Seller is also ready to sell. All papers are in order as per our lawyer. Are there any options for my brother to buy this in his name by paying through my NRE account? What is the legal procedure?
Indu Patil
Dear Indu Patil,
Since you have already purchased the land, I suggest that lie low and take no further steps until the purchase is challenged by RBI or by the tahsildar. When that happens you can hire a lawyer and take your chances. Alternatively, you can sell the land immediately. There are no restrictions on purchase of converted lands by NRIs and you can make use of the NRE funds. You can purchase it in your own name.

Dear Madam,
I have purchased a 1080 sq ft (ie, 36 x 30) site from one Mr S P Krishnan for about Rs 9 lakhs (4.5 lakhs loan from ICICI).

Mr Parthasarathi (late) (father of Mr Krishnan), was allotted 0.11 cents by the tahsildar, Saidapet. While he was alive he had divided the land between his four sons and had given 4 feet common road. He had also registered the settlement deed. The property is Grama Natham. Mr Krishnan has one son and three daughters. While registering the sale deed in my favour, Krishnan had promised me that he would get a 'no objection certificate' from his children (married). He has given writing in stamp paper also. But unfortunately they have not obtained the certificate. Am I to understand that these grandchildren have any 'right' in this property? Can they claim this in future?

What should I do to for 100% safety?
G
Mohan
Dear  G Mohan,
As the settlement deed was registered when the father was alive, the terms of the settlement deed should be looked into. It is possible to make out a case on behalf of the children stating that it is ancestral property in the hands of Mr Krishnan, but the quantum the daughters can claim also depends on when the daughters were married, etc.

You could now try to get affidavits/ registered declarations from the children stating that they have no objection to the sale or alternatively, you could ignore it if the sale happened more than 12 years back. It is also possible to argue that a partition has taken place and that Mr Krishnan has absolute right on his own. There are some precedents to support this. In any case it is not easy to sue and win a share as it takes several years, so I suggest that you need not face the problem till it arises.

Dear Madam,
I am an NRI and have been allotted a BDA site from a housing society. I want to know whether I can give Power of Attorney to my brother to carry out out registration of the site on my behalf at the sub-registrar office in Bangalore. Does BDA have any restriction for an NRI regarding registration through power of attorney? What is the procedure regarding power of attorney ?
Abhirami
Dear Abhirami,
You should execute the power of attorney when you come for a visit to India by showing an Indian address. For this you should get the power of attorney registered.

Dear Madam,
I am planning to purchase a flat in an apartment complex of 60 flats in Bangalore (In Kaikondanahalli village beside Outer Ring Road). It is a BDA approved project. The building has a basement for car parking, ground floor and three floors above it. The builder is not willing to commit that he will give the occupancy certificate after the building is completed. He says he will give the possession certificate which is more than enough. Is it safe for us to go forward and purchase the flat?
Madhu
Dear Madhu,
The occupation certificate is given for high-rise buildings. If the builder has not deviated from sanctioned plan, it will be safe to proceed with the purchase, subject to title being good and marketable.  In any case, the OC is not given till the building is completed. You can get an indemnity from the builder about adverse consequences in this regard.

Dear Madam,
A flat in my residential apartment building is being used for a commercial activity.
There is a full-time catering service being operated out of it which is causing a variety of problems to the flat owners. The flat is being used as a kitchen and dining area for some serviced apartments in the complex and also for a clubhouse next to the apartment complex. Since our apartment complex is fairly new, we do not have an association registered yet but we want the catering service out of here as soon as possible.

I want to know how and where I can lodge a legal complaint against the miscreants. Who will the complaint be against — the owner of the flat or the people using it as a kitchen?
Vivek
Dear Vivek,
You have two options. One, you can complain to the Corporation (or other authority having jurisdiction), about the misuse of the residential flat and ask them to take appropriate action. Two, you can also send a legal notice complaining of nuisance and follow it up by filing a suit. The action should be against the owner as well as the people using it as a kitchen.

Dear Madam,
My mother-in-law has a plot in Anekal, near Sai Engineering college. She wants to build a house and shift there permanently. What are the things to be looked into and how do we go about the same as I have absolutely no knowledge about this matter?
Mohandas R
Dear Mohandas R,
As your mother-in-law already has a site, she has to get the sanctioned plan from the authority concerned and then she can construct a house. You may approach an architect to draw up the plan for you. Some architects also undertake to get the plan approved from the appropriate authority keeping in mind the F.A.R. for your area and plot.