Advocate G. Asok

Questions Answered by Advocate G. Asok

Q: Can waqf board claim any property registered private property ?

Sir I purchased a plot with valid patta and plan approval in 2007 at Tiruchirappalli. Now I tried to sell my plot .but the sub registrar office has rejected the sale transaction citing that objection has been raised by wakf board that the property belongs to wakf board. I have proper document for my land for more than sixty years.pl advise me how to solve the issue and can waqf board claim my property, can waqf claim any property ?

Advocate G. Asok answered
Valid patta and plan approval do not any additional protection to a property. There is certain precautions every buyer should take before buying any property. It is advisable to see how the property came to the seller . If it was a part of a wakf property then you are at risk.

Q: Builder charging interest on late payment ( intrest 18% )

Hello sir/mam we booked a house in November 2016 as for the starting instalment of payment we made delay for 3 months which was made in March 2017 after that also there was some delay in payments..... do builders can charge 18% int. on the given demand amount ...? as we have requested them for wavier they are telling that they have taken a bank loan so they want to pay interest. to the bank ....is this true?, can builder charge interest on delayed payment ?,how much interest can builder charge for late payment?, kindly help me

Advocate G. Asok answered
Kindly read the MOU signed by you with the builder and what it says about the interest rate for delayed payments and if in the agreement there is a provision for charging higher interest for delayed payments then the builders stand is correct .

Q: What is the procedure to transfer the patta name of a property? Specifically, how to transfer patta

Dear Sir, There is a property under my governance that originally belonged to my grandmother. She made a settlement deed stating that the property would pass to my father after her demise. Now, both my father and grandmother have passed away, and as the only son, I wish to transfer the property into my name. The patta is still in my grandmother's name. Could you please explain the procedure to change the patta into my name and how to transfer patta from father to son? Many thanks.

Advocate G. Asok answered
As per the govt records the land is still in your grand mothers name but there is a settlement deed in favor of your late father . So get a legal heir certificate from the competent court and approach the revenue authorities .

Q: Property sold by a father without permission during the minor years raises concerns.

I am currently 38 years old. Can I reclaim my minor property that was sold by my father without my permission? What are the implications of a minor property sold by a father, and is there a Supreme Court judgment on the sale of minor property?

Advocate G. Asok answered
You have not stated when it was sold and further if your father can convince the buyer that the property was sold for taking care of the needs of the minor that transaction is valid and you can not do anything in this matter.

Q: what to do if buyer fails to pay remaining amount in sale agreement?

I have entered into a sale agreement for 3 months with a buyer for sale of land at Chennai. the Buyer has paid onethird the the total sale consideration. The balance not paid and the agreement expires on 8th May 2018. In case the if the buyer fails to pay the balance and proceed for registration of land , will the existing sale agreement become Null and void. If so Can I go ahead and sell to another party after May 8 and refund the Payments made by first buyer. what to do if buyer doesn't pay? pl advise

Advocate G. Asok answered
It all depends on the content of the sale agreement and if it says that the buyer does not pay the balance amount and the seller can cancel the deal you can go ahead with it. Regarding refund of the money it also depends on the sale agreement.