Features: Magazine | Literary Review | Life | Metro Plus | Open Page | Education Plus | Book Review | Business | SciTech | NXg | Friday Review | Cinema Plus | Young World | Property Plus | Quest |

FORUM

Splitting property sale not advisable

PHOTO: S. Siva Saravanan

The stakes: Splitting the property value has other implications.

I propose to sell my flat in Saligramam and I have the following questions- What is the guideline value for apartment in Saligramam (I stay in Sri Ramar Street, Devaraj Nagar). Can I split my total sale value into two portions - one for the value to be registered and the balance for the amenities, deposits, Interiors etc.

Sivaraman

Our panellist, Mr. R.L.Narayanan replies: You have to check the guideline value from the office of the Sub-Registrar of Assurances concerned. It is not advisable for you to split the value only to register the sale at the guideline value as it has other implications. Please take professional consultations from your Advocate or Chartered Accountant.

I have a query regarding the partition of HUF by will. Till date no partition of HUF has been done. Can the karta of the family write a will and give away the property of the HUF by writing a will. Whether this will is effective and valid?

R.Agrawaljyoti

Mr. Narayanan replies: The Kartha of the HUF can write a Will with regard to his notional share in the HUF property, but cannot dispose the entire property of the HUF in the Will.

What will be the process to become absolute owner of property if claimant has registered patta - all documents of property/ possession and a non-registered Will in the name of claimant by original owner of property?

Abhimanyu Charan

Mr. Narayanan replies: This depends on the location of the property. By and large, if the legal heirs of a deceased person consent to the Will or are willing to join in a transaction relating to the property or execute suitable documentation confirming the rights of the legatee, then the documents relating to the property, Patta and the legatee being in absolute ownership of the property would be sufficient to deal with the same. Otherwise, Probate or Letters of Administration may have to be obtained by the executor or the legatee, as the case may be. This is a general position and the requirements may vary on a case-to-case basis.

I read the useful advice given by you for problems relating to land. Land and EC (encumbrance certificate) are registered in my name since 2000 but I applied for patta. The receipt is still there which I gave to my mother to collect it when ready since I am not in Madras but she passed away and now they say that it is six months and has expired.

Now the problem is, the real estate owner who sold to us is forcing me to sell to another person and we heard that since he had taken some money from him he had done some fencing in my land. We again mwent by our cousin’s advice (a lawyer too) to take EC from 1980 or so. For a few years, from 1980 that real estate man has sold to 5 persons and from 1992 EC bears the real estate owner’s name. When he sold to us in 2000EC shows my name. Is this a legal problem? What should I do? Rani

Mr. Narayanan replies: Your query is not clear. However, if, on your purchase, you have obtained a clear title to the property, your previous seller cannot compel you to sell the property to another person. You have to take steps to remove the fencing from your land and it is advisable for you to institute suitable proceedings in the Court for the said purpose. The entries in EC will have to be seen and read with other documents relating to the property. If the transactions disclosed in the EC are to the effect that your seller had the right to deal with the property when he sold the same to you in 2000 and the relevant documents are also available with you, you can take suitable action against your seller in a Court of law for the issues faced by you. You can take professional consultation as to what kind of proceedings to be instituted and what is the relief that can be claimed by you.

I am an NRI based in UAE. This is with reference to an error in the registration document of my flat purchased in Cochin. The sales agreement with the builder mentions my flat as 3D and the same was allotted to me for possession. But the registration document mentions 3C which is actually my adjacent flat with which also has the same area (938 sq ft).

On enquiry with the builder whether the registration document needs to be rectified since the adjacent flat has been registered in the document, he has replied that is not necessary since they could change the door number on my flat from 3D to 3C and the same would be done in my neighbour’s case. Since both the flats were 938 sq ft there was no need in changing the registration documents.

Kindly reply whether I should accept? Is this solution valid? Would I encounter any legal problems in the future?

Jitin Kishore

Mr. Narayanan replies: In most cases, the Flat numbers would be given by the builder only and may not form part of the approvals obtained by the builder. This is done for facilitating further transactions and if this can be changed as indicated by the builder with the consent of the other owner, this may not be a problem. However, you have to check the documents concerned and as to whether this can be done as suggested by the builder and take suitable action on a factual basis. It is advisable for you to take professional consultation. in this regard.

Printer friendly page  
Send this article to Friends by E-Mail