FORUM
Throwing light on undivided land share
I had gone in for a joint promotion of my property with a builder and had given him `full Power of Attorney' duly registered (i.e. without specifying the area of the undivided share of land to be sold by him - for which a separate `agreement' had been made out duly signed by him). It is four years since all the flat owners have occupied their flats. The original documents, including the POA, have not been returned by the builder as there is some dispute between him and the purchasers of the flats. In this connection I would like to have your opinion on the following:-
I had mentioned in the POA that the same will lapse once the entire undivided share of land had been fully conveyed. Since my area of the undivided share of land is not separately registered I want to know whether it will be construed as `entire undivided share of land not fully conveyed' as far as the POA is concerned. If so, whether I can cancel the same now and if cancelled, whether I will be held responsible for the unfinished work of the builder.
N.Bhagyalakshmi, Chennai.
Our panellist, Mr. R. L.Narayanan replies: The wordings in the power of attorney have to be read with the wordings in the agreement. However, from what you state, you can take a stand that the power granted under the power of attorney has been fully exercised. It is advisable to intimate the builder and have a formal cancellation executed. You will not be held responsible for unfinished work relating to construction. Please make sure that you are not going back on any terms contained in the agreement in cancelling the power of attorney.
Voting rights
A person is having more than one flat in a building. Are his voting rights in proportion to his stake?
S.Narasimha Rao, Hyderabad.
Mr. Narayanan replies: The voting rights will be in proportion to the number of units or the total built up area owned by the person concerned.
Maintenance fee
Please clarify whether it is correct on the part of association to collect more maintenance charges from tenants irrespective of it being paid by the owner or by the tenant himself.
Vasu, Chennai.
Mr. Narayanan replies: This is not correct as even if the tenant is paying the maintenance charges, it is only being paid on behalf of the owner.
Illegal sale of plot
My father bought a plot in Thirunelveli through a co-operative society created by the Central Government employees in 1964 and paid it in full. Since he was in a transferable Central Government job, our family lived in different cities. As a result we were not able periodically visit our land. My father paid all the dues until 1988. He succumbed to an accident in 1997. Without our authorisation the society sold the land in 1998, citing we did not pay the vacant land tax. I would like to know if it is possible to sell the land like that. What should be done in order to recover the land? If it can be settled through the court I would appreciate some guidance in the right direction.
Ram, Chennai - 24.
Mr. Narayanan replies: On the face of it, the action of the Society appears to be incorrect. As your father has become the owner of the property, it is not clear as to how the Society could sell the same. Further, the Society ought to have filed appropriate proceedings for recovery of the amount and should not have sold the property to a third party. You have to consult an advocate with copies of the documents concerned on the course of action to be taken in this matter.
Justifiable reason needed
I would like to know on what basis the flat maintenance charges could be raised from the present amount? Our building is over six years old and has 65 flats. We recently completed painting the outside walls for which the corpus fund was used. Being six years old, the water pumping motors for all the five blocks need replacement and also expenses are there for the OTA space closing, hard toping in the two wheeler parking area and some growing Please advise.
M G Madhu, Adyar, Chennai. Mr. Narayanan replies: The maintenance charges have to be arrived on the basis of the actual expenses that are being incurred on a monthly basis. If the charges are being increased, there must be justifiable reason. For the nature of work mentioned by you, there can be a one-time contribution which can be collected from the members.
How to claim property
I bought a piece of land in the outskirts of Chennai. Two years back in Debt Recovery Tribunal the plot got registered in my name and document obtained but a third person is claming that he owns the property and has patta. I am having the documents in tact. I want to sell the property. Whether I should move to court or how can I claim the property?
Gowtham, Chennai.
Mr. Narayanan replies: Please obtain advice in this matter after providing all the relevant papers to an advocate.
N.Bhagyalakshmi, Chennai.
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