Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm

I have purchased anindependent 2BHK property at Tada, Andhra Pradesh. I have made an initial booking payment of Rs. 3.4 lakh towards the under-construction property and I have also applied for a bank loan.

The project’s total cost with amenities is Rs. 29.4 lakh and GST icalculated at 8% is Rs. 2.35 lakh.

As per the latest government advisory, GST rates for under construction homes has been cut to 1%. Is this rule applicable in my case?

The sale of agreement is not ready and the loan hasn’t been sanctioned yet.

U. Krishnan

Chennai

In your case, the GST applicable would depend on whether the builder has exercised the option of availing the credit scheme for the materials gone into construction so far.

Your query can be addressed only after ascertaining the methodology adopted by the builder with the GST department.

In 1994, I purchased a plantation plot (10 cents) with a registered sale deed. I could not get a subdivision patta from the tahsildhar’s office as there was a difference between the FMB sketch and the vendor’s plan details.

A surveyor inspected my plot and required some clarifications about another plot located on the southern side of my land.

As per his suggestion, I submitted an authorised private surveyor report/ key plan. Since it has been more than 24 years, how do I go about getting it sub-divided?

V Gowri

Chennai

It is gathered from your query that there is an overlap of another plot in the adjacent layout over your plot. The findings of the surveyor are important to address your issue. It is possible that your seller could have sold more than its entitlement.

If your holding is legitimate and the adjacent plot owner has encroached on your land, you may have to file a suit for necessary remedies.