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

I own a plot in my district and I plan to construct a residential building (only the ground floor). Since it is a village, I am not seeking any government approvals. I have the following queries:

1. While constructing a residential building in a village, do I need to provide any setback space on all sides of the structure?

2. The land measurements mentioned in the sale deed and the chitta document from the Revenue Department don’t match. The sale deed states 2,804 sq.ft. whereas the other document mentions 2,690 sq.ft.

How do I sort this out?

Eswaran K

Thiruvanamalai

The rules governing construction provide that no person shall carry out any development or construction of building or structure, subdivision, layout, reconstitution or amalgamation of land without written permission from the competent authority.

For constructing on your land, you have to obtain planning permission under the Town and Country Planning Act from your Town Panchayat or Village Panchayat. Setback space requirement would apply depending on the dimensions of the plot and the zonal classification.

The discrepancy in the extent of the plot has to be resolved by conducting a joint survey of your plot and your neighbour’s plot by a government surveyor, based on the title documents and pattas issued to both the parties.

I am a pensioner. A few years ago, I gave my house (along with the land) to my son under a settlement deed. I now want to pledge or obtain a housing loan against the property.

My son is the legal owner; he is unemployed and does not have the capacity to repay the loan. How do I go about obtaining a loan?

Durai. I

Chennai

Bank loans are granted based on a plethora of eligibility criteria such as credit score, age of applicants, total income, property value, existing liabilities etc.

These parameters also vary based on whether it is the purchase of a property or construction on the land already owned by the borrower.

The banks also look at the track record of the account maintained in the bank to assess the operating pattern of the customer.

Please approach the manager/officer of the bank in which your account is maintained for ascertaining your eligibility and for taking further steps..