Dear Madam,
I am an American (retired), permanently living in India. My query is: what are the requirements/procedure to purchase agricultural land in Tamil Nadu in order to construct a house thereon?
Kenneth


Dear Kenneth,
It is not possible for a foreigner to purchase farm land anywhere in India. At best you could purchase it as a Benami transaction in the name of someone else, provided you have absolute trust in someone who is an Indian.
Dear Madam,
I am planning to buy a 4,800 sq ft site in Prestige Whistling Palms layout in Whitefield. I want to know if I can buy the same and split the plot into two sites measuring 2,400 sq ft and split it with my friend? Do I have the right to split the site or do I have to obtain permission from the seller in this case, Prestige?

Medha


Dear Medha,
If there is no covenant stating that the land cannot be divided in the agreement/ sale deed, you can divide the same. You are advised to scrutinise the bylaws of the Association also before coming to a conclusion. However, on dividing it, you need to get separate khata from the authority concerned. 


Dear Madam,
I am planning to buy a flat in Banasvadi (Hoysala Nagar) near Byappanahalli in Bangalore. There is a little bit of confusion regarding the permission for the building from BDA.

The building has 4 floors. According to BDA website the area comes under BDA jurisdiction. The company says they have the permission from the gram panchayat for the construction.

But an advocate known to us has told us that the gram panchayat does not have the authority to give permission for buildings with more than one floor. Kindly advise. 

Pavithran P


Dear Pavithran P,
You have been rightly advised by your advocate. Besides, it is risky to purchase on the fourth floor without proper plan approval. Considering the recent move to regularise all unauthorised constructions (for implementing which there is a delay) you could purchase the same PROVIDED it can be regularised.

Dear Madam,
I have six sisters, who were all married before May 1993. I am the eldest. My question is whether my sisters have an equal right in the ancestral and my father’s own property? If yes, when does the Act come into effect?

Ravisudeep


Dear Ravisudeep,
The right of daughters to equal share in ancestral property is governed by the Hindu Succession Act, as the equal right to self acquired property. A recent decision of the Supreme Court has set aside the arbitrary cutoff date of marriage of daughters, (which was passed by various state governments) and the position now is that daughters and sons have equal rights to ancestral and self acquired properties irrespective of the date of marriage of daughters.


Dear Madam,
The company where I work is taking on lease a commercial building for office use. It is taking the same for a lease of five years, since it would involve good sum for interiors and furniture. I understand any lease deed for a period exceeding 11 months has to be registered. I have the following queries:

 1. Is it mandatory to register lease deed for a period exceeding 11 months?
 2. If no, what is the advantage of registering the same?
3. What is the time frame for registration? Should it be registered immediately on executing the lease deed or could it be registered later?
4. What are the registration charges and stamp duty payable?
5. We are paying security deposit and an advance for installing DG Set, which we will be adjusting against rent payable.

Naveen Shenoy


Dear Naveen Shenoy,
It is mandatory to register lease deeds exceeding 11 months. Any lease exceeding 11 months will not be valid if it is not registered. The time frame for registration is 4 months from the date of executing the document. The registration charges vary according to the period of lease. The deemed rent will also include the adjusted rent that you paying towards security deposit.

Dear Madam,
I am planning to buy a 30x40 site in Bommanahalli Rupena Agrahara at Rs 1700 per sq ft. Will I get the khata transferred to my name so that I can get loan from the bank. I read that CMCs’ have stopped issuing khatas. Is there any legal or other issue, in the purchase here?

Jagadees

Dear Jagadees,
All CMCs’ are merging with the BBMP or Greater Bangalore Area. If you can get the BBMP khata, you can get your property registered, if the title is good and marketable.


Dear Madam,
I have 3 acres of agricultural land on Sarjapura road, Kodati village. Now I am interested in converting the land to institutional land for educational purpose. Please tell me the procedure to convert the land.

N Sree Harsha

Dear N Sree Harsha,
If there is no acquisition on your property, you can apply for conversion provided it is not in the green belt. The procedure is to fill up the application form along with all supporting documents and submit it to the proper authority. On sanction of conversion, you should pay the necessary fees. It is better to entrust the same to experienced people.

Dear Madam,
I am a PIO living in the US. I inherited a flat last year in Pune for which I was named as a nominee. I understand that for the flat to be transferred to my name I need to get ‘no objection for the transfer’ affidavits from each of my two brothers.

 I further understand that they each have to also give a ‘release’ document saying they have no claims on the property (they got inheritances in cash amounts). One brother is in India and the other lives abroad. My questions are:

1. What are the steps to be taken to make this transfer?
2. What is the format for the ‘no objection’ and the ‘release’ document?
3. Can my brother in India get these documents notarised or does he have to  appear before a magistrate and sign the affidavits?
4. Can my brother abroad sign the affidavits in front of a public notary or does it have to be in front of an Indian embassy official?

Satprem

Dear Satprem,
The ‘no objection’ letter can be drafted by any lawyer. Alternatively you can get a format from the society. A release deed should be drafted and registered in Pune at the sub registrar’s office, concerned. It can be done through a duly executed power of attorney also.

The power of attorney given by the brother who stays abroad, authorising the person in India to appear in his behalf to execute the release before the sub registrar, should be notarised in the USA.

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.