Q1.   "I have purchased a flat on the third floor of a small single building in Vishrantwadi, Pune. At the time of purchase the builder promised a lift as he was planning to build four floors. The brochure mentioned a lift under the common amenities and the agreement also shows this on the floor plan.
However, few months before I could get the possession I was told that the fourth floor will not be constructed and hence, it is not a legal requirement to have a lift for three storied buildings.
Now the flat is not of much use to me and the resale value is also much less due to the absence of lift till the third floor. Is there any legal action I can take if the builder is bound to provide this to me?"

A1.    Yes, you may file a complaint claiming damages under the Consumer Protection Act against the Builder for deficiency of services after sending him a legal notice.

Q2.    "I am looking towards renting out my property in one of the three possible cities in India next March. I will be either coming to Bangalore, Delhi or Vadodara to research for a novel that I am writing. I was hoping that you could assist me with some general queries that I have.
1: Is it possible for me, as a UK resident to rent property in India?
2: Do I have to commit myself to a 10-12 month contract on properties or can I pay for the six months that I will be there as my visa would not permit me to stay beyond September.
3: I have heard that some companies require deposits of around Rs. 2.5 lakhs to secure the property. Unfortunately, I would not have that amount of money and I am wondering, if I could pay six months worth of rent in advance? Your assistance would be tremendously appreciated!"

A2.    If you are an NRI / PIO, if you own any immovable property in India, Reserve Bank has granted general permission for letting out any such property and the rental income or proceeds of any investment of such income is eligible for repatriation.
You can take a place on rent if you are an NRI/PIO. It would depend on the terms of the lease decided mutually. You will have to discuss this aspect with your landlord.

Q3.    "I have booked a flat in M2k county Dharuhera. I want to withdraw my booking. People at M2K say that they are not accepting the requests for withdrawal at this point of time. Can you please let me know if they can refuse my refund request?"

A3.    Ideally the developer should refund your booking amount after making reasonable deductions which they might have legitimately incurred on your account. Please go through the terms of your agreement with them pertaining to refunds and cancellations. You may consider sending a demand notice to them after that.

Q4.    "I am about to rent out my property in Kolkata, but reluctant to do so as sometimes the tenants refuse to vacate and legal proceeding are indeed very lengthy. Are there any contract/legal forms available so that we have a tenancy agreement for not more than a year’s time? Any advise would be very much appreciated."

A4.    You may consider entering into a License Agreement with your tenant for a period of 11 months. However, there is no such standard agreement, you should consult a real estate lawyer to draft an agreement tailored to your requirements.

Q5.    "We are Indians who now have American Citizenship. Can we inherit our parent's property in Kolkata? Do we have any legal rights to sell the property?"

A5.    A person residing outside India (i.e. NRI or PIO or foreign national of non-Indian origin) can inherit immovable property from

(a) A resident of India.
(b) A person residing outside India

An NRI can sell property in India to-

i) a resident of India or
ii) an NRI or
iii) a PIO.
(b) PIO can sell property in India to
i) a resident of India.
ii) an NRI or
iii) a PIO – with the prior approval of Reserve Bank.

Q6.    "I bought a house in a proposed township called “EVP Town" at Tharapakkam at the outskirts of Chennai. The township is promoted by EVP Housing (P) Ltd, Chennai. I bought the house at the cost of Rs. 28 Lakhs (loan taken from the bank) after seeing the model house constructed by EVP. The land where the proposed township was coming up was cleared by Airport Authority of India stating that the land does not come under the proposed Airport expansion program of Chennai airport as late of 2006. And CMDA of Chennai approved the lay out as late of 2006 and designated the area of EVP Town as "Type - I Prime Residential Category".
Now the Tamil Nadu Government published a G.O stating that the land where the EVP Town was developing comes under the Airport Expansion Program and issued G.O to freeze the construction activities.
After some 350 clients bought the houses in the price range of 25 lakhs - 60 lakhs, and after getting clearance from every officials, our dream houses are in state of getting destroyed.
To add up to the issue, the Collector of Kancheepuram had issued me and other land/house holders the acquisition notice without mentioning the purpose of the take over.
The banks forces for prepayment of loaned amount and without knowing what is for me in future (about the house) I am paying pre-emi's."

A6.    If the development has been cleared by the AAI and the CMDA, you may consider filing a Writ petition against the State Government and the other bodies and seek a stay against the order of the State Government to freeze the construction activities.

Q7.    "I have advertised my property at Pune through your website and thanks to you I have found a tenant, but I want a piece of advise. My proposed tenant resides in Africa working for an MNC. He wants the flat for his family on rent staying at Pune. I am not clear as to who will sign the agreement with me, should it be the gentleman who stays in Africa or the lady who will actually stay in my flat (the lady is a housewife not working). Kindly advise can a housewife sign the agreement or I should take the signature of the NRI?"

A7.    There is no law which prevents a lady who is a housewife from signing the Lease Agreement.

Q8.    "I am buying a house (second floor with a roof) situated in Delhi. The problem is that the seller is not agreeing with one condition written in the sale deed (registry) that "with all its proportionately rights of land there under".
Actually the whole matter is like this -
"Whereas the vendor for his bonafide valid legal necessity and in the best interest and benefit of his family members, hence he has agreed to sell/transfer etc. the above said Entire Second Floor premises built-up, duly fitted with electric and water connection therein, with roof rights, with common rights of staircase and passage, with all its proportionately rights of land there under"
According to him this condition should not be written as he is selling only the second floor with roof but according to law this condition should only be fulfilled in case when there is no building on land due to any natural calamities and the ground and the first floor person will not agree to build any floor. In that case this right comes if I cannot build second floor due to non-availability of the first and the ground floor, then there should be a 1/3 right of me on land there under.
My question is this that if this condition ("with all its proportionately rights of land there under") is removed from this sale deed, so will this right comes automatically to me or would there be any problem for me as it is not specifically written?"

A8.    The transfer of rights to proportionate undivided interest in the land is not automatic until and unless the owner agrees in writing specifically and specifies the ratio. Otherwise, the buyer becomes entitled to occupy and enjoy the constructed flat along with the right to use common facilities only. Unless undivided proportionate interest is expressly ;transferred to the purchaser by the Sale Deed, the owner of the land continues to enjoy the right of ownership in the land though the Purchaser may claim right to have the building located on the land as a necessary easement so long as the vendor is owner of the land.

Q9.    "A buyer belongs to Singapore. Please let us know are there any documents required for NRI's to purchase a flat?"

A9.    Under the general permission available, the following categories can freely purchase immovable property in India: i) Non-Resident Indian (NRI)- that is a citizen of India resident outside India.
ii) Person of Indian Origin (PIO) - that is an individual (not being a citizen of Pakistan or Bangladesh or Sri Lanka or Afghanistan or China or Iran or Nepal or Bhutan), who At any time, held Indian passport, or Who or either of whose father or grandfather was a citizen of India by virtue of the Constitution of India or the Citizenship Act, 1955 (57 of 1955). The general permission, however, covers only purchase of residential and commercial property and not for purchase of agricultural land / plantation property / farm house in India.
An NRI / PIO who has purchased residential / commercial property under general permission, is not required to file any documents with the Reserve Bank.

Q10.    "I am a resident of Delhi and have a property in my name jointly with my late father’s name. The legal heirs include me, my mother and my brother. Both of them are ready to relinquish their rights on their share in my favour.
But we are totally confused about the stamp duty to be paid for its registration. Please help us out in this matter."

A10.    A Deed of Relinquishment can be made out on an Rs 100/- non judicial stamp paper and should be registered with the Registrar.

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