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Registration fee on uds or built up area
Source : The Hindu Property Plus Published On : 2008-06-07 City : Chennai

     I am planning to buy a flat in Bangalore and met a few promoters. One of them says the registration is based on Undivided Share (UDS) and I have to pay Rs.2200 per sq.ft of UDS (Calculation = (Rs.2220 * Sq.Ft) *9.5%) towards registration charges.

     The other promoter says I have to pay Rs.165 towards the built up area (Rs.165 *> built up area). Which is correct?

     Prathab, Chennai

Our panellist, Mr. R.L. Narayanan replies: Your query is not clear. However, generally, if the Sale Deed contains land and building components, then the stamp duty and registration charges have to be paid on the value of the property transferred which may include the apartment as well as the undivided share of land.

     If the undivided share of land alone is conveyed, then the stamp duty and registration charges would have to be paid on it.

     You will get ownership to the building by way of a separate Construction Agreement which is a Works Contract. Basic documentation may differ from State to State and also from builder to builder.

     Please check the correct position before entering into the transaction.
Whatis the legal position?                                    

We live in a building consisting of 11 flats. There are different types of measurements - 500 sqft (two), 600 sqft (five), 800 sqft (three) and 1100 sq.ft (one). I feel the maintenance charges should be collected on the basis of sqft. Is it legally correct? Moreover at the time of construction no car park was earmarked. But now some owners are parking their cars in open common area which is a passage.

     V.S.Kanna, Chennai-600 017.

Mr. Narayanan replies: There is no standard pattern of fixing the maintenance charges for an apartment complex.

     Legally, it is correct to charge the maintenance on the basis of the area of the apartment, after taking into consideration, the types of amenities and facilities that may be available in each apartment.

     If no car park was allotted earlier, the owners together can arrive at a convenient method of parking the vehicles. This is a practical issue which can be sorted by mutual agreement and adjustments.

     However, it is to be noted that such of the owners who are parking their cars in the passage should not hinder or obstruct the movement of others.

 
Give a POA?

     I am in Netherlands now, and I want to purchase a piece of land in my home town i.e., Nidadavole, west Godavari dirstict, Andhra Pradesh.

     I want my mother to buy some land in my name and am not in the position to go to India for this purpose. Should I give a power of Attorney to my mother?

     Joseph Tambi

Mr. Narayanan replies: You can execute a Power of Attorney in favour of your mother. The Power of Attorney may be executed and attested before the Consulate Officer or a Notary in Netherlands.

     Then you can forward it to your mother at your native place where it can be adjudicated, which means having it duly stamped, within the time stipulated. This PoA can be used to purchase the property in your name.

PoA for uncle

     I am in the United States and planning to buy some property in Chennai. To register that property in my name (without my presence) could you provide me some details? My uncle is in Chennai to execute this on my behalf.

     Samsul.

Mr. Narayanan replies: The process is the same as in the case of Mr. Joseph Tambi except that in this case, the Power of Attorney is in the favour of the uncle.

 
Grounds for eviction

     I have a commercial property in Chennai which I wish to rent out. What are the laws concerning tenancy and what would be the best way to rent/lease out a property in order to get it vacated without legal hassles?

     Please can you kindly advice me if Leave and Licence agreement can be done in Chennai like in Mumbai.

     I feel the LL agreement is the best way to rent/lease out property safely without the tenant having tenancy rights over the property.

Abu Shahma Hasan
Bandra (W), Mumbai 400050.

     Mr. Narayanan replies: If the age of the building is more than five years, then the building (which is located in Chennai) will be covered by the provisions of the Tamil Nadu Buildings (Lease & Rent Control) Act, 1960.

     The tenants occupying buildings, to which the provisions of the said Act are applicable, can be evicted only on certain grounds.

     These tenants are known as statutory tenants. The grounds include wilful default of payment of rent, owner requiring the building for his or her own use and occupation, unauthorised sub-letting, unauthorised change of use of the premises, denial of title of the owner, acts of waste, nuisance, keeping the building locked without justification for a given period and certain other grounds.

     If the condition of the building is such that it requires demolition and reconstruction, then the possession can also be recovered on such ground.

     Whatever be the title given to the Agreement, the actual wordings will be looked into to construe the nature of relationship. Hence, the safest way , as in all other matters, is that the parties act in accordance with the terms of a lawful Agreement.

     However, if the tenant does not vacate and one of the grounds for vacating the tenant can be made out, then one can get relief by instituting suitable proceedings before the Rent Controller concerned.

     Now-a-days, the proceedings are not time consuming and are being disposed of in a short period of time.

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