Dear Madam,

I have purchased a 30x41 site with a constructed house at Tamboochetty Palya under KR Puram CMC limit through housing loan.

In the last two sale deeds the measurement mentioned by direction is reverse, ie, north to south measuring 30 feet, and east to west measuring 41 feet,which is actually north to south measuring 41 feet and east to west measuring 30 feet.

Even though at the time of registration I demanded for the correction, the officials told me that it had to be done by the last seller, who does not stay in Bangalore anymore and advised me to do the Rectification Deed after purchase with the present seller.

My queries are:

1. Is it possible to do the rectification when the present and the original sale deeds are with the bank?

2. Do I need to pay any more stamp duty for the same?

3. Will this modification be reflected in the original sale deed with the bank or will I be issued with a new one?

4. The present SAS Khata does not mention about the building. What are the formalities to include these details in the khata and transfer it to my name?

5. When I consulted CMC officials they said it could be done only after paying the betterment charges, which the CMC has stopped accepting. Is this true? What is the possibility of making the change?

Ralson Jimmy

Dear Ralson Jimmy,

You can get the rectification deed done now without the original documents. In the recitals you should state specifically that the matter had been overlooked in the previous transaction because the parent sale deed will continue to have the old dimensions. No extra stamp duty is to be paid. You can get the building assessed to tax by reflecting it in the SAS tax paid form the next time you pay the tax.  

Dear Madam,

I am planning to buy a 2 acre land close to Devanhalli but outside BIAPPA layout. The said land is attached as two plots of land owned by two different owners.

The front part of the land which is facing the road, is owned by a person belonging to scheduled caste, which is a granted land.

The other part of the land is behind his land (to access the behind the land we have to go through the SC person’s land, there is no other way) which is owned by a farmer.

My broker is suggesting that I buy the two acre land including the SC person’s land and give the advance of 50% for both the plots.

We really like the site and don’t want to miss this opportunity. The broker is assuring us that the SC land owner can get a sale of permission with 2 months or so, and then we can go for the registration.

Is it true that a SC member can obtain sale permission for a government granted land? Is it the right way to purchase this land? If not, what is the better way to handle this purchase?

We are in the process of registration for the rear land, just in case the other one is not registrable. Can we fight with the government for an access passage to the rear land?

Syed

Dear Syed,

Permission can be got to sell the SC/ST land. In order to have more control, you could get a power of attorney executed by the SC/ST owner to yourself to get the permission. It is not advisable to purchase the property at the rear without access. You have to obtain the permission to sell first to complete the 2 acre transaction.

Dear Madam,

My aunt, a government pensioner, has a plot of land on the outskirts of Bangalore, which she got through an employees’ scheme in 1993. Due to various reasons, she has not been able to build a house on it.

I am her legal nominee, now living abroad. Recently some friends proposed to help her and suggested that she could sell the plot and in exchange, get a flat.

The ‘buyer’ drew up an agreement stating that he was giving her an advance on the total value of the land, and that within 30 days he would show flats for her approval from which she could choose. Then the documents with her would be handed over to him. He did show some flats, which were totally not to her liking.

As the 30 day period was over in the first week of this month, she wished to return the amount to the ‘buyer’. One proposal at this stage, was that he build on the plot and give a flat. He agreed, but his terms are not agreeable to her. So she told him to take back the amount.

But now,this person is saying he does not want the amount and that he wants the land, will not give it up, etc.

As her legal nominee, she has asked me to build on the land, to which I am agreeable. How can we solve this problem?  My aunt lives alone also, which is all the more of a tension for me as you can understand.

Vyjayanthi J

Dear Vyjayanthi J,

The agreement itself has to be scrutinized and the terms contained therein have to be studied. However, your aunt can send a legal notice of termination offering to return the advance received and stating the reasons thereof. After the time limit mentioned in the notice has lapsed, your aunt can treat the agreement as rescinded. 
Dear Madam,

I have purchased 4 sites measuring 30 x 40 at Gowdarhalli Village coming under Kittanahalli Grama Panchayat in 2000 and all are registered. After that I did not go there due to personal health problems.
Now I want to make all the supporting documents. Please advise me in this regard (i.e, khata, tax upto date payment). The panchayat office is accepting the tax because of unconverted land. Kindly advise me at this stage.

Manjunatha

Dear Manjunatha

In my experience, the Panchayat office does not reject tax on the grounds that the lands are not converted. You could pay the same and also get the Khata.

Dear Madam,

I have bought a plot of size 90 x 55  ft in Nobel nagar ( behind T. John Dental  college)  on  Bannerghatta road. The plot is registered in Gottegere Panchayat and I  am paying the property tax regularly. I have the registered sale deed.

Recently I  heard that NICE was going to acquire the plots for road construction. I heard that  the local farmers, the original plot owners, are trying to claim compensation, even  though they have given power of attorney while selling the land to the person who  had sold the plots to us.

Please clarify whether we would get compensation or  whether we have to adopt the legal method in the light of the farmers trying to  claim compensation.

B Hariharan

Dear B Hariharan,

The compensation is always paid to the person in whose name the pahani stands. You should, on publication of the preliminary notification of acquisition, file your objections to the acquiring authority, with the copy of the sale deed, Khata and tax receipts. Thereafter you will be paid the compensation for your site.

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.