FORUM
Can an NRI buy more than two properties?
Your article "Buying land - what the NRIs must watch for" was really an eye-opener for many NRI's like me. I have a few doubts though in your article.
1. This is with respect to your statement that repatriation can be made for a maximum of two residential properties. Assuming that an NRI does not want to repatriate the money back to the foreign land, can he acquire more than two properties (say 4 or 5), sell at his wish and deposit all the sale proceeds in some bank in India in Indian currency? Is there any limitation to that effect? 2. The second question is more for NRIs like me who are having Green Cards or on the verge of getting one and is willing to retain it.
If an NRI still retains his Green Card (by satisfying some rules of the land) but relocates to India and earns an income there - If he buys a few properties during his stay in India and then later decides to relocate to the foreign land (say like U.S, U.K, Australia), can he sell all of his property in India and bring the money to the foreign land?
Nagaraj and Lalitha, by email
Mr. R. L. Narayanan replies:
Except the restrictions and regulations as prescribed, there is no restriction on number of properties that may be acquired by a NRI. On the issue of repatriation, I have provided a response elsewhere which may please be referred to.
How to share cost?
Ours is a flat consisting of eight dwelling units on four floors including the ground floor. Each floor has two dwelling units. The built-up area of each house on the ground floor is 700 sq.ft. and that of other dwelling units on the remaining 3 floors is 1030 sq.ft.
Therefore, when converted into ratio the holding will be 1.34 :
Our query is that how expenses like painting the whole building or any major repair for damage caused by natural calamities should be divided? There is a school of thought that it should be equally divided by eight irrespective of the built-up area of each house. Is this not against the principles of natural justice? Please clarify an amicable and just method which should satisfy everyone without causing any heartburn.
Abdul Majeed, Mandavelipakkam
Mr. R. L. Narayanan replies:
The expenses will have to be shared on the basis of percentage held by the apartment owners in the common areas and facilities. The concept of equal sharing, irrespective of built up area is based on convenience and acceptance. It will be good for the apartment owners in your complex to discuss this issue and arrive at a fair share of expense for each of the owners after considering the legal provisions.
We are living in an apartment that has more than 150 flats. The maintenance charges are fixed by the Association, which is a registered one, on the basis of the plinth area including the common area of the flat at a flat rate of 65 p. per sq ft. Only one owner out of the 150 flats, is refusing to pay the maintenance charges on the plea that it should be equal to all flats and differential rates are not justified. Our personal efforts to discuss with him and convince him have proved futile.
Now, what is the course of action that can be legally taken by the Association to recover the maintenance charges asfixed and paid by all the residents? There is no facility in this apartment to cut water supply and electricity supply.
Srinivasan, by email
Mr R. L. Narayanan replies:
The maintenance charges can be levied on the basis of plinth area which I take has been allotted on the basis of undivided percentage share in the common areas and facilities. It need not be equal for all flats. You will have to file a suit or institute arbitration proceedings as the case may be for recovery of dues. You cannot cut water supply or electricity supply for defaulters.
Legal heir certificate
I live in Canada now. My father passed away in 2003 and has left a will on my name. It is his own earned property. My mother, sister and grandmother are the other three legal heirs. My concern is will his mother make a claim when I change the house to my name. We have no touch with her for last 27 years but now somehow they managed to include her name in the legal heir certificate.
Since the will clearly states no one else has rights over this property, will I be able to complete the title change process without any issues. I would be visiting India for a month or so, is the time enough for the whole process to be completed? Also, I would appreciate if you can guide me on how I would go about changing it to my name, pay taxes etc.
Sapna Vijay, by email
Mr R. L. Narayanan replies:
Your grandmother will be a legal heir and her name has been properly included in the Legal Heirship Certificate. However, as the property is self-acquired and if the Will is in conformity with legal provisions, you can have the property changed to your name. If there is no opposition from the other legal heirs to the Will, then the process can be completed during the period of your stay in India.
Send in your queries and feedback to propertyplus@thehindu.co.in or post them to Property Plus, The Hindu, 859/860,
Anna Salai, Chennai - 600 002. Readers are requested to keep their queries brief. Emailed queries without the sender's name and address will not be considered.
While every effort will be made to answer all queries, and while we regard all of them important, constraints of time and space make it impossible for us to publish or provide answers to each one of them.
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