Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm In 2006, I purchased a plot measuring 1,400 sq.ft. in Chennai. I registered it in the name of (A, B and C): my three sisters (400,500 and 500 sq.ft. respectively). ‘A’ constructed a flat on the ground floor, and ‘B’ on first floor. Since constructing a second floor was not permitted (30 feet road), ‘C’...

Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a law firm The maintenance rate of the flat I live in is charged by the committee on square-feet basis, and I am charged Rs. 2400 (Rs. 1200 * Rs. 2) per month. It is difficult to find someone to pay Rs. YR12,400 (Rs. 10,000 + Rs. 2,400) as monthly rent in this area. Is this a common scenario...

Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm I purchased a plot at Morai Village, Thiruvallur District in 1990 by way of a registered sale deed. Subsequently, a Taluk Patta and an online patta were issued. Around 14 years later, TANGEDCO has laid an overhead power line on my plot, without issuing prior notice. Since it happened without my knowledge, I had no...

Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates My husband registered for an apartment in a project which was nearing completion. The builder promised a delivery date.When the property documents were verified by PF authorities for fund sanction, we got to know that there were deviations in the project. However, the builder assured my husband that it was a minor issue. But the month after registration, authorities...

Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a law firm There are 110 flats in our multi-storey apartment. Of the 110 owners, two have not paid the monthly maintenance since two years. Kindly suggest how we can recover the dues. Is it possible to attach their property against our dues through the deputy registrar or under the Apartment Owners Act? Can we publish the defaulters in...

Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a law firm I purchased a plot in 1987 at Rukmaninagar, which falls under the Valasaravakkam jurisdiction today. An approval for constructing a house was obtained in 1993 along with a patta. OSR and other applicable charges were paid for. While the construction was in progress, an approval for extension and slight modification was secured in 1995. The first...

our property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm As per the SC judgement in civil appeal 2544 of 2010, Nalachand Lalchand Pvt. Ltd. vs Panchali Coop Hsg Soc Ltd., the Court has ruled that the builders are not expected to charge extra for parking space. We were, however, forced to pay huge amount for the parking space and when we took up the...

Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm There has been a recent scheme to regularise unapproved layouts by paying a fee for regularisation. Since unapproved plots were sold at a low price and as many are partly sold, what is the role of the developer with respect to unsold plots? If he pays the requisite charges, what is the status of payment...

Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm I am a potential buyer of an under-construction project in Chennai. The developer of the property in question had begun construction in 2016, prior to the implementation of RERA. The project is not registered under RERA currently. However, the builder claims that RERA clauses will be included in the sale agreement and buyers will benefit...

Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a law firm My father had purchased a DTCP approved property in 1972 from a society. He passed away a few years ago and the society is now closed. I am the only legal heir. When I tried to sell my property I got to know that the plot number has been mentioned incorrectly. There are only 366 plots...