Advocate Narendrababu K C

Questions Answered by Advocate Narendrababu K C

Q: Can i buy a land for which there is no DC

I am planning to buy one plot in a gated community (total 250 plots ) near Begur area in Bangalore, which is panchayat approved. But builder says it is not DC converted. is there a risk going for such plots? I am planning to construct a house there.

Advocate Narendrababu K C answered
Dear Mr, non-agriculturist cannot buy agricultural land in Karnataka. Section 79 of KLR Act imposes certain restriction on purchase and selling of agricultural land. If you or your family's annual income more than 25 lakhs from the sources other than agriculture and also you are not agriculturist at any point of time, you cannot buy agriculture land."Gated community" does not applies to small projects. For gated community, permission need to take from the appropriate authority.

Q: Can land acquisition compensation be paid to GPA holder

Can land acquisition compensation be paid to GPA holder, who not actual awrdee?

Advocate Narendrababu K C answered
Yes. However such GPA must be be valid in the eyes of law, i.e. it should be executed and stamped properly. However the award amount shall be issued in the name of Awardee. The GPA holder shall collect and handed over the instrument to awardee, it is a valid.

Q: Is it safe to buy Inaam land

We are procuring agricultural land for an industrial unit. In between there is one Inaam land parcel. Is it safe to buy this as we have to get conversion under 109 also ? What category of Inaam land is safer to buy ?

Advocate Narendrababu K C answered
Absolutly you can buy Inam Land. One advantage in these kind of land is you need to track title only from the Inam order. Probably Inam order passed from the year 1958-59 and later years. No need to vary if you have complete set of proper documents for this periods.

Q: Purchased a flat registration not done can I sell that flat

Hello Sir and Madam Please clarify I have paid FULL amt to the builders,received sales agreement and I got possession July 2015 new house apartment.I have not registered (appr Rs2L) my new house apartment. In the meanwhile one buyer is ready to purchase my new house. Can I sell our new house to another buyer without Registration? 

Advocate Narendrababu K C answered
Dear Mr./Mrs.First of all you have not purchased the particular flat, but you have entered into an agreement of sale with the owner/builder. If your agreement of sale has nomination clause/ clause with narration of sale deed may be executed in favour of third person/s, the owner/builder can execute sale deed in favour of prospective purchaser and you becoming a confirming party in the said sale deed. The sale deed should specifically record the agreement of sale, your payments and re-payment/adjustment by prospective purchaser to the land owner/builder.

Q: Can I buy property if owner has given special power to his relatives

Hi iam planning to buy an apartment in bangalore. owner is in mumbai . for registration to be done in bangalore owner is not willing to come. he says he can send his person with special power of attorney only to complete registration process. but the complete sale amount will be received by owner and all the pages of sale deed will be signed by the owner. please suggest me can i buy with these arrangement or anything need to be changed. and also please let me know if owner gives SPA other than blood relatives what is the stamp duty to be paid and is it legally valid ??

Advocate Narendrababu K C answered
If the owner willing to execute registered Special or General Power of attorney, it's fine. Regarding stamp duty for GPA or SPA, within family it may comes around Rs. 200/- plus, whereas in case of other than that of family member, it will be 5% on the guideline value of the property situated.