Q11.    "One of my friends took possession of a flat in Pune. He had done an agreement of the same. Now he wants to purchase a parking space, but builder is giving only certificate (Allotment letter on his letter head) for purchase of a parking space and no agreement.
Please let me know what he (Friend) should do?"

A11.    It should ideally be on a stamp paper.

Q12.    "I have made an Agreement to purchase a piece of land in Punjab. And the last date of execution of sale deed is very near. Seller has outstanding loan against that land with ICICI bank. Seller has yet not started the process of foreclosure. And it seems he will not be able to get the original documents from ICICI bank before the execution of sale deed.
Please recommend me on what are the remedies for this situation."

A12.    You may sue him for specific performance of the agreement after sending him a legal notice.

Q13.    "I have made an agreement for purchasing a house with Rs. 8 lakhs advance in Kerala. The total price of the property is Rs. 50 lakhs and the agreement will expire in another five months. Now the house owner is making more demands and I am not happy with going ahead with the agreement. Am I legally eligible to get the advance amount back from the house owner? If so, how I can proceed? Could you please help me regarding this?"

A13.    You are certainly eligible for getting back your advance money. You should first try mediation through some reliable person before sending a notice for the refund.

Q14.    "I wish to know how to add my spouse's name to our current residing flat. Currently the flat is in my name."

A14.    If you reside in co-operative society you will have to apply to the society for inclusion of your spouse as a co owner.

Q15.    "I am planning to buy a piece of land in Punjab. But I don't have any plan to construct on it. My problem is that I am working in Bangalore and I want to go back to Delhi and settle there. But it is not certain when we will move and right now I don't have any property in my name. So, I thought of buying a land to make sure that we at least have something. But do you think it will be fine as we won't get any Income tax benefit and then I will have to pay rent as such and when I will shift to Delhi then I will sell this land to buy a flat over there. So can you please advise me that should I go ahead with the proposal of buying this land."

A15.    Buying the land now does not give any immediate Tax Benefit. However, it will considerably appreciate in value and when you sell later you will earn substantial Capital Gains. You can then invest the sale proceeds to buy a flat. You should go ahead with the decision of buying land.

Q16.    "I request you to advise me about the following issue.
I have paid Rs. 4 lakhs to a builder in Chennai as advance to buy a property. Since, I was not satisfied with the property, I have informed the builder about the change in my plan and requested for my money back.
Sale agreement was not made with the builder. Initially, the builder has agreed to pay the full money back to me in a months time. He told me during 16th or 17th of October about the return of money. After much persuasion, he gave me Rs. 1 lakh on 17th of November and informed me that he will return the balance Rs. 3 lakhs by online transfer in three days time. (I have earlier paid him Rs. 3 lakhs by online transfer only.)
The balance money of Rs. 3 lakhs will be paid by 22nd or 23rd of this month, the builder said. Now he says it will not be possible.
Request you to give me legal advise about this and inform me how to get the money back. Whom can I approach for this?"

A16.    You should immediately send him a legal notice asking for the refund of the entire advance. If he does not pay you may file or lodge a complaint with the local police and also file a civil suit for recovery of your money.

Q17.    "I am buying a property in Kolkata. The property is in the name of one lady who died. Her 10 children are selling the property. Two of them live in USA and have sent Power of Attorney in favour of one brother. One of the sons living in India had also died and his children have given Power of Attorney. I would like to know how can I check validity of power of attorney? Also what documents I should check?"

A17.    You should appoint a real estate lawyer to verify the documents, for your convenience please refer to the FAQ section of the site for a checklist of documents you must verify before you go ahead with the transaction.

Q18.    "I would like to start by thanking magicbricks.com for maintaining such a good website on real estate.
I have a query on Leave and License Agreement. I am a landlord of a commercial property in Delhi.
I have heard of Leave and License Agreement. What is this agreement and how is it different from the usual Landlord-Tenant Lease Deed.
Is it wise to have a Leave and License Agreement?
Could you send me a sample of Leave and License Agreement, if you have one?"

A18.    Lease and license are two different modes of transferring property. To ascertain whether the transaction is a lease or license it has to be ascertained whether parties had intended to create a lease or a license. A Lease (or Rental) Agreement is covered by restrictive rent control laws and License Agreement are not.
A lease is transfer of an interest in an immovable property which is the subject of the lease and that interest is the right to occupy and use the property for which the lease is given for period and on such terms and conditions as agreed between the parties.
Lease of immovable property for one year, or term exceeding one year, can only be made by registered instrument. All other leases may be made by unregistered instruments or oral agreements.
If the document creates an interest in the property, it can be referred as lease and if it permits a person to use a property and the legal possession remains with the owner or the original lessee it is called a license.
License Agreements are designed to escape restrictive regulations; all terms are governed by agreement between landlord and tenant. Aside from the most basic condition that the tenancy is only for 11 months, everything must be stated in the contract.
Lease for even less than one year if put down in writing need to be registered.
You should ideally have a lawyer to draft a license agreement tailored to your requirements.

Q19.    "I have booked a pre-launch property in Delhi. The builder has given me the payment receipt provisional allotment letter on a letterhead, and I have got a letter for payment of next installment.
My doubt is when should I pay the next installment?
I do not have any document signed by builder saying the total cost of flat except that the letter for payment of next installment. Does this serve as a legal document?
Please let me know which documents serve the basis for legal documents in case of any disputes for the pre-launch offers."

A19.    The receipt of the builder without any details has no legal basis. It would be safer for you to pay the next installment till sizeable quantity of land is acquired by the builder and/or at least the application for the license is moved before the concerned authorities. Please be cautious as pre-launch advertising by builders without possessing land and valid license for the project is illegal.
Please also know that in commercial pre-launch deals, as much as 60 per cent could be in cash while in residential deals, as much as 40 per cent could be in cash. So in case of project getting stalled, there is a risk of losing about 40 per cent of your booking amount as it is not entered into accounts. And in such cases protection is not available to the consumers under the consumer protection laws.

Q20.    "Recently Nagpur regional metro authority had indicated Ahmedabad land pooling pattern for developing metro region.
I want to know the details of Ahmedabad land pool pattern detail G.R.
Whether land owner gets residential belt on same agriculture land or may be in same village somewhere else. Any book containing all details of the pattern."

A20.    Land pooling technique is a tool to assemble land and accelerate development. The scheme is designed to encourage optimum use of scarce developed urban land through efficient layouts and using of urban land as a resource to check land speculation.
You might find some information from the Ministry of Urban Development and Poverty Alleviation.

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