S.Anees (n/a) 25 June 2008

Property law

Respected Senior Counsel,

I am working as Senior Executive in a Public LTD Co. I would like to buy a property in chennai out of my hard earned money. Following is the nature of the property:
1.The land is an Unapproved land alloted to females under a Govt scheme.
2.The building is also unapproved(since tne land is unapproved)
3.There is water and Electricity connection in the owners name.
4.The owner also pays Corporation tax for the propery.
5.The owner has applied for Patta by paying the necessay fee and the govt has issued a receipt.

The property owner is willing to sell half the property by giving power of attorney and promises to register as soon as he gets patta and sale deed from the govt.
My Question:
1. Is it worth buying the above proerty? If so, What are the legal implications?How to go about it?
2.Is the property owner has a right to give power of attorney and whether such power can be registered.

I shall be grateful to all the members for their valuable answers

Regards

Anees

Reply Follow

5 Replies

podicheti.srinivas (advocate/legal consultant) 25 June 2008

as the land is alloted by the govt. to the beneficiaries there will be a condition restraining alienation .the govt fixes some period untill a specified period not to alienate the same,if at all any one is making any transactions in the abovesaid period that will not be construed as a legal transfer by any courts,and no rights of ownership will flow out of the same transaction as the transaction is void.

Further you have not specified under which scheme the govt has given it to beneficiaries,and when the beneficearies have recieved the same.

My sinciere advice is to consult a lawyer at your place for further querries only after the advise fo an advocate please go ahead as it is your hardearned earnings.

Guest (n/a) 25 June 2008

Thank you sir,

I was told that the property ower that they
were occupant of the property for a long tenure and it is in the name
of female member of the family.

Also as there is no sale deed,no transfer and registration can be made.

My query is whether Power of Attorney can be made and latter on getting the sale deed the name transfer can be made?

Guest (n/a) 25 June 2008

Respected Counsel

I want to transfer propery to my Brother`s wife without compensation.

Is it taxable under income tax.

How much cost of transfer for this if circule rate of the property is Rs. 10 Lacs.

What is the procedure of transfer. Thanks

Deepak (bussiness) 12 July 2008

Dear Sir

myself deepak,

my frenz Mr. rohit having some problem he wants to ask

his father had died before 10 yrs back His grand mother had made the will. in favour of 3 brother including Rohit. and His mother.This property was earned by my grandmother itself.This will was attested by notary Public & drafted by advocates & wittness given by also advocates.according to that will,we were owner of that property.we sold this property on behalf of this will.our uncle(father brother) has case of 420 on us.in this 420 he accused us as a this will is wrong .

everything is ok at our end & also we had affidavit from advocate who had drafted the will.

They had mixed wd the ppl of forensic lab,Madhuban-HR & put the case over us so.

From Chandigarh Privately we used to check the will is correct.

i ve an question if the will as attested by the notary & dafted by the advocates is any body can challage it or put the 420 case on behalf of that. what action sud we take to avoid this.

Plz reply soon

In waiting

With regards,

Deepak verma