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samuel (data entry operator)     09 June 2020

Writing rental agreement for shop not applied for plan approval

I built a 1000 square feet shop and rented it. I want to make a rental agreement with the tenant. I have to specify the door number of the shop in the rental agreement. For door number, I have to get approval for building from the panchayat. I approached the panchayat office, The panchayat officer tells me the shop is constructed in a land that has an area about 1 acre. The vacant land tax will be in lakhs, so write about 3 cents in the portion of shop in your wife's name and bring for approval. There is another law which states I cannot sell one survey number property to more than 3 persons unless I get special approval. So I fear if I write a small portion of the land it may reduce the number of persons to whom I can divide and sell the remaining property to 2. I prefer to write the portion of shop in my daughter's name who is a minor rather than in my wife's name, but the panchayat officer insists I should write it in my wife's name. I would like to know the following.Is there any way I can write the rental agreement without approval that is acceptable in court. Can I write 3 cents of land in my daughter's name and apply for approval. Will writing a portion of the property in my wife's name or daughter's name reduce the number of persons to whom I can sell from 3 to 2. Thanks in advance for your reply.


 7 Replies

P. Venu (Advocate)     09 June 2020

Local laws apply; only  a local advocate cn help you. Prima facie, the suggestion from amounts to overeach in law and its provisions.

G.L.N. Prasad (Retired employee.)     10 June 2020

Members in the forum can not offer precise guidance to suit your taste and convenience when there is a law.  Your daughter is a minor and transferring the property in the name of a minor daughter has its own problems.  For entering into any agreement, entire process should be legal and you can not enter into agreement when there is no approval for the building, and the tenant does not wish to take a risk.

samuel (data entry operator)     11 June 2020

Sir please tell if it is possible to apply for building approval in my minor daughter's name after writing that portion of the property in her name as a gift deed, Otherwise is their any way in which I can give the property to my minor daughter and apply for building approval. I don't want to give that property which is inherited from my forefathers to my wife because, she will sell it.

Dr J C Vashista (Lawyer)     11 June 2020

Originally posted by : samuel
Sir please tell if it is possible to apply for building approval in my minor daughter's name after writing that portion of the property in her name as a gift deed, Otherwise is their any way in which I can give the property to my minor daughter and apply for building approval. I don't want to give that property which is inherited from my forefathers to my wife because, she will sell it.

Since you have already stated to have constructed a shop (subject matter for renting out) what remained for getting building approval in the name of minor daughter ?

Whether your daughter (minor) is the titleholder of the land where you want to apply and get building plan approved ?

As stated  by you there existed self-acquired and inherited property , the shop is constructed over which land ?

Vague statement or some vital intormation is concealed. 

samuel (data entry operator)     11 June 2020

Sir property was earned by my grandfather. It was given to my father by my grandfather through partitioned deed. After my father expired, it was given to me by settlement deed. I built a shop without getting approval, I rented it due to necessity and applied for approval in panchayat office. The panchayat officer tells, it is contructed in 1.25 acre land. The vacant land tax is more than 7 lakhs, so write few cents in which shop is constructed in your wife's name and bring for approval so that vacant land tax will be affordable. But as my wife is not in good terms, I ask you if I can write few cents of land in the portion where the shop is erected in my daughter's name as gift and apply for approval, because the panchayat officer insists I should write in my wife's name only.

G.L.N. Prasad (Retired employee.)     11 June 2020

Mr.Samuel,

Kindly go through replies.  Without getting approval construction is not legal.  It was also informed that keeping that property in the name of minor may land you in problems in the future, as you are already not in good terms with your wife. If you wanted to treat the property as lost, make a gift deed in the name of your minor daughter.  Please read through entire guidance, the Panchayat officer appears to be understanding and properly guide you in your own interest.  Contact a local advocate and get the problem solved.

There is no use in repeatedly posting the same facts again and again when you have received enough guidance from the forum.  It is time for action through local advocate.

 

P. Venu (Advocate)     11 June 2020

The question is - are you liable to pay vacant land tax for the entire land just because you have carried out construction in a small part of the land? Prima facie the officer concerned is trying to play mischief.

As I understand, vacant land tax is a peculiar levy in some States. Please ascertain the extant provisions in yout State through a local lawyer and move accordingly.

Building permist could be regularised even at a later stage if there is no violation of any law/regulation.


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