FORUM
Applicability of urban land tax
I am an NRI and own a property in Chennai. I would like to know if I have to pay vacant land tax. I had applied for patta 8 months back and yet to receive it. Who pays for it if it is a collective patta? Shanthakumar, Zambia
Our panellist, Mr.R.L.Narayanan replies: If the property is in excess of 2 grounds, then you have to pay Urban Land Tax. Normally, this may be the only tax which is payable. In case Patta is jointly held with others, all the owners are jointly and severally liable to pay tax.
Non-payment of maintenance
We live in a colony called "Kumbam Colony" in Kilpauk comprising two towers, each tower comprising 6 flats. In total there are 12 flats. We plan for expansion or reconstruction under joint venture. One of the 12 flat owners passed away three years back, his wife passed away earlier. He has 3 sons and 2 daughters. One son is not mentally sound. The other two have locked the flat [ground floor] with individual locks. We have contact details of one son only who does not respond. tThe house is under lock and key for the past 3 years. No one visits the flat. No one pays for the maintenance. All the flats badly need renovation or reconstruction. We have not formed an association so far, but now we want to. Can we form an association and register with 11 members alone? Balachandar
Mr. Narayanan replies: You have to file a suit for recovery of maintenance and other charges in respect of the complex as a whole. Insofar as expansion and reconstruction are concerned, the owners concerned have to consent for the same.
Legally valid?
I am sending this query on behalf of by friend Mr Raja of Chennai. My friend’s father Mr Viswanath made a Settlement Deed of his self- earned property to his daughter Mrs Lalli Sivaraman. This lady made a settlement deed of the same property to her brother Mr Raja. However a week before this was done Mr Viswanath had cancelled the settlement deed made to Mrs Lalli without her knowledge. But the sub-registar registered the settlement deed between Mrs Lalli and Mr Raja after studying the cancellation deed of Mr Viswanath. Mr Raja wants to know whether the cancellation of settlement deed by Mr Viswanath is legally correct.
Dr. Bala
Mr. Narayanan replies: The settlement deed executed by your friend’s father in favour of his daughter as well as the deed executed by the daughter in favour of her brother have to be perused. It has to be seen whether the settlement deed was really acted upon and the powers were reserved under the deed to revoke the same.
Giving a PoA
I am in U.S for a work assignment. However I have a property in India which I wanted to sell while I was in India but could not do that. Now my lawyer in India says I can send a POA to my father. So I have got the documents (POA provided by my lawyer) notarised in US and have send it back to my father. Can you tell me what is the next step ? Can my father go ahead without taking any lawyer’s help in India?
Manoj
Mr. Narayanan replies: Please make sure that you sign every page of the Power of Attorney, as it is not unusual to find powers of attorney having signature only in the last page. Your father can have the document adjudicated (a process of payment of stamp duty) within three months after receipt in India.
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