Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm I purchased a flat in 2010. The plot area is 2,900 sq.ft. as per thepattaand 3,200 sq.ft. plot area according to the sale deed. I stay in the US and I am now trying to sell the flat but the builder is not aware of this. Is this a rounding issue in thepatta? Mukund Chennai...

Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm I booked a flat in February 2015 and got possession in July 2016. The payments were released stage-wise depending on the completion of work. Separate registrations were done for Undivided Share of Land (UDS) and the flat’s construction. The builder is now insisting I pay service tax for both these components. The Delhi High Court...

Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm I own a 1050 sq.ft. flat in a residential complex comprising approximately 70 flats. The Owner’s Welfare Association of this complex is denying me permission to convert my own existing residential flat into a commercial space. Do I have the right to act as per my requirement? If approvals and sanctions obtained at the time...

Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm My family owns four flats in a complex of eight. They were built on an ancestral property in a 50-50 JV with a builder. The patta (2001) is in my father’s name mentions an area of 5,684 sq.ft. and the CMDA approval upon construction of the said apartments mentions 5,637.92 sq.ft. The JDA with the...

Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm As per our apartment’s bye laws and memorandum of association, ‘the common area shall not to be used for keeping or storing furniture, packages, toys or personal effect of any description’ and ‘car parking shall be used exclusively for vehicle parking’. Despite objections by other members/residents, if certain residents keep any of the above restricted...

Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm I am part of a 24-member buyer group. We booked apartments in the year 2011 and the builder assured us delivery by 2013. He entered into an agreement with the land owner to construct 24 units. Due to delays in the construction process, the said land owner took the builder to court and the project...

Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm I purchased a piece of land with an old house at Perungalathur in 1993. I have all the registered and parent documents, including property tax papers and electricity bills, related to the property. A patta has also been issued in my name by the revenue official. However, in the Village Administrative Officer’s (VAO) record, my...

Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm I booked a house in a gated community in Chrompet and the builder handed it over in 2014. Although he had a completion certificate, the community lacked amenities such as a club house, for which I paid an additionalR1.5 lakh. When we questioned the builder he said since there is no mention of a specific...

Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm A promoter has not completed the project and hence has not requested the Association (a registered one) to take over the project for maintenance. Under these circumstances, is it in order for such an Association to collect a start up fund from apartment owners? As per the resolution passed in the general body meeting, prior...

Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm What is the status of the Tamil Nadu Ownership of Flats Act after Promulgation of RERA effective 1 May 2017? If violations are there by the builder, whom do we approach for projects completed under Tamil Nadu Apartment Ownership Act? Can we file complaints with the RERA authority for filing complaints? A builder is dodging...