Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm
I purchased an unapproved flat in 2007 at Choolaimedu. The builder promised that he will get approval within two years but it never happened. How do I go about getting this approved?
K. Prasad
Chennai
If the construction of your flat was completed on or before July 1, 2007, you are eligible to apply for the regularisation scheme under Building Regularisation Scheme of 2017.
There are certain eligibility criteria/ parameters prescribed by CMDA in terms of road width, setbacks, floor space index, vehicular parking, open space reservation etc.
After a few extensions of last date for submission of application, as of now, the deadline is fixed at 21.12.2019.
I own a residential plot with the building thereon. I am 85-years-old and wish to make a settlement deed in favour of my three children.
Meanwhile, I am planning to demolish the existing building and reconstruct the structure based the new FSI rules. My children will be financing the new construction.
How do I go about this? Is it possible my children submit the application to the CMDA directly?
K Ramachandram
Chennai
If your intention is to divide the property equally amongst your three children, you can execute separate settlement deeds in their favour settling an undivided one-third share to each of them.
As joint owners of the entire property, they can obtain permissions for demolition and reconstruction from the competent authorities.
Each owner can enter into individual construction agreement for his/her flat with the builder and have the same duly registered, with other two owners as attesting witnesses.
This way, every owner will have a registered deed for both undivided share of land and the flat put up thereon and will be at absolute liberty to deal with his/her respective holding at all times in future. Based on the construction agreement, each of them can avail financial assistance from banks independently (subject to their eligibility criteria).
