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Settling a relative’s property
— Photo: M.A. Sriram
Building maintenance: The builder may retain the right to maintain the property after handing over the apartment for a specified period.
My aunt has a house in her name. She wanted to gift that house to me. (as a settlement deed). What are the procedures? As far as we enquired somebody is telling settlement deed should be between kin and kith only. She cannot make a deed to me because she is my father’s brother’s wife. Our auditor is saying she should first give that to her husband and from him it should come to my father. And my father should settle the deed to me. Is that correct? Anuthama
Our panellist, Mr. R.L. Narayanan replies: It is true that your Aunt cannot make a direct settlement of the property in your favour. There are various options available for transfer of property. It would be advisable to take professional advice.
Are the bills to be paid?
I recently purchased a flat (850 sq.ft) from the builder.(a) as per agreement, possession was to be given in November 2006. Got the possession in August 2007. Could the builder be charged for the delay ?
1. The builder collected Rs. 25000/- as society charges without giving bill or receipt etc.2. Started sending monthly bills Rs. 850 (Rs. 1/- per sq ft) towards General Maintenance Charges. As a flat owner, do we have to pay these bills when Society is yet to be formed. Is there a clause stating "the builder has to pay the charges" till the society has been formed?
Srinivasan
Mr. R.L. Narayanan replies: The Builder may retain the right to maintain the property after handing over the apartment for a specified period . It is also possible for the builder to undertake maintenance of the property on a regular basis. It is not clear whether you have paid Rs. 25,000/- as cheque or cash. If you have paid this by cheque, your concerns can be better addressed. Normally, once an apartment is handed over, maintenance charges would become payable. The society is usually formed at the time of handing over. Registration process can be completed up to a period of three months after the formation. Your obligation to pay the maintenance charges may be covered by the Construction Agreement. Please check.
Patta factor
Some years back my brother purchased a land here on my behalf and even got it registered on his name with patta due to my absence. Later when I returned, he got the land deed transferred and registered on my name but the patta still remains in his name. In case I propose to sell or otherwise deal with the property, is it necessary to have the patta on my name? Please advise.
M.R. Murthy
Mr. Narayanan replies: It will be desirable for you to have the patta also in your name. If you are contemplating an immediate sale, your brother can issue a no objection or any other letter to the purchaser to enable the purchaser to obtain Patta in his or her name directly.
Maintenance fee
I have a query regarding maintenance fees of a vacant flat. Take the case when the flat is vacant.
What rule/bye-law applies towards fee of maintenance of this flat? Also, how does it differ if the vacancy is for short term and long term? What is qualified as short-term and long-term?
Chandra,
Hyderabad
Mr. Narayanan replies: Even if the flat is vacant, you would be required to pay the maintenance charges. The bye-laws applicable for the society or association of apartment owners would apply as in case of any other flat. There is no difference whether the occupancy is for a short-term or a long-term. Therefore, we need not go into this issue. There are many issues in society where on the face of it, the issues arising on both sides would appear logical and reasonable. For example, maintenance charges may include maintenance or repair of the lift or lifts which may not be used by the ground floor or even first floor apartment owners. This will not entitle the ground floor or first floor apartment owners to taking a stand that they will not pay this component of the maintenance charges. The whole idea is to spread the costs, benefits and advantages and at times, liabilities as well. These issues, in my view, have to be approached on a broader basis.
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