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Deccan Herald » DH Realty » Detailed Story
Lease for more than 11 months, compulsorily registerable

ear Madam,
I am a senior citizen and bought a flat in 1987, from a builder who was building a housing complex of 120 flats. These flats were built on a plot leased to the builder under power of attorney, from the owner of the plot, for 99 years. At the time of booking, I had asked the builder to get free hold instead of lease hold, but he replied that under terms of will of the owner’s father, the owner cannot sell the plot but can only lease or rent it out. The building conforms to various corporation laws and the flat owners executed an agreement with the builder.The same was registered with the sub-registrar and stamp duty paid.


When the flat owners wanted khata to be transferred to individual flat owners, the builder insisted on signing ‘deed of assignment’. The same was signed and the khata was made in the name of flat owners who executed the deed of assignment, which was also registered with the registrar and stamp duties paid. The electricity bills, corporation taxes, etc, are being individually paid by the flat owners.

The apartment association collects the maintenance charges. It is now learned that the agreement between the plot owner and the builder was not registered. The owner of the plot has filed cases against all the flat owners and he has not paid the court fees and we are told that the case is likely to be dismissed. Does that in any way, change my status of ownership of flat, after occupying the same for 20 years? The mere fact that the builder did not register the lease agreement, should not make it null and void.

What legal recourse can I take to safeguard my interests? Kindly guide.
Anonymous

Dear Anonymous,
More clarity is required about certain facts. Generally any sub lease cannot be longer that the principal lease deed and will be co terminus with each other. A lease for more than 11 months is compulsorily registerable. Simply because khata is transferred in your name or because the Association is formed, or that you have occupied it for 20 years, does not mean that your title is free hold.  Also, the case filed has to be studied in detail to determine the issues and the judgement of the court has to be awaited to determine the outcome.

Dear Madam,
I have bought a flat and the builder has given possession certificate on his letterhead. I learnt that a builder is supposed to issue a certificate approved by Corporation authorities. Yet the khata is also not transferred in our name. However, the builder agreed to get the same done at a reasonable cost. Now we have formed an association that we have not registered. Please clarify the following: 

 1. If we wish to go for registration of the association, are the khata and corporation approved possession certificates required?

2. If majority of flat owners wish to use corridors for keeping shoe rack, pots, UPS, can they draft byelaw for the same? A few members are objecting to it since common area is to be used for the purpose it is meant for. 

3. If majority people insist on the same for such use, how we can prevent the same, (since it causes nuisance for others)? Do such clauses in byelaw create problems for registration of association?

Sundarmurthy


Dear Sundarmurthy,
It is possible to register the association without the khata and the possession certificate. It is not allowed to keep any movable objects in the corridors. Many byelaws have this clause. An association can be registered with 7 members also. However, compliance will continue to be an issue.

Dear Madam,
My mother is one of twelve children - six sons and six daughters. She is one of the younger children. She lost her parents when she was very young. There are two huge chunks (not pieces) of property in a prime area in Bangalore that is still in my mother’s name. As of now, my mother and only two of her sisters are the surviving children. All brothers (six) and sisters (three), (now deceased), lived fairly away and many of them have children and grandchildren.

The property was managed/guarded by my uncles as undivided Hindu property. Now that all the uncles are gone, one of my uncle’s two sons is posing such that they are the ONLY HEIRS to all the property and that none of the children/grandchildren have any share in the property.

My uncles only enjoyed the property and the rent it fetched. They did not enhance the property. Hence the property is purely ancestral, inherited by my grandmother. Do the surviving daughters and the children of the deceased children have any share in the property? If so, how do we proceed?
Jayanthi Boggaram

Dear Jayanthi Boggaram,
You have stated that the properties are in your mother’s name. Was it transferred to her by your grandmother? In any case, if it is inherited from your grandmother, it cannot be coparcenary property in the hands of your uncles to the exclusion of the other female heirs. All twelve children will inherit equally. You should meet a lawyer with the papers to get more clarity. In any case, it is likely that you should take legal action to claim your mother’s share.


The author is a practising advocate specialising in real estate matters. You may e-mail your questions to 1.vatsala@gmail.com. Please mark your mail with `Legal Angle’ in the subject line. You may also write to us at: The Editor, Legal Angle, Deccan Herald, 75, MG Road, Bangalore - 560001.Disclaimer: All the answers provided herein are of a general nature. It is advisable to get specific legal advice after furnishing detailed history of each individual case.

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