Advocate Sundaravadivelu

Questions Answered by Advocate Sundaravadivelu

Q: Hello, My father brought land in 2017 and he got registered based on the Town Survey Land register d

Hello, My father brought land in 2017 and he got registered based on the Town Survey Land register document which shows that whole land owned by the seller. So we got the land and we got PATTA/Property Tax/Eb changed to my father's name. Now the problem is, the land is claiming by another person, stating that in the land has small building which they owned and they are paying property tax based on the municipality approved blue print. We don't know this thing at the time of the registration. They have approved blue print document and its Property tax. And we don't know at which document basis they got approved blue print from the municipality. We have land registration document and Municipality PATTA/ Municipality Tax/EB etc. When we check with municipality, we are not getting proper response. We don't know what to do here. We seek your legal opinion for what to do here as we moving forward. Please call me for detailed discussion.

Advocate Sundaravadivelu answered
Verify your document properly there will be a small minor changes in survey number will be there in your document and parent document. This can be find by expert, this is happening where the large transaction happen places.

Q: Question related to DTCP registration

My father purchased a property near Thindivanam in the year 2010.It was panchayat approved layout and Patta was changed to his namennThe name in the registered sale deed, Patta and EC are the same.The Question is: nnWhen selling the property the buyer asks for DTCP approval, is it mandatory to get the DTCP approval for sale or registration, when I have all the documents including the Patta, Registered Sale deed and latest EC in my Father’s nameKindly Advice.

Advocate Sundaravadivelu answered
Second hand purchase not required DTCP approval. It is required only who sells and form the plots. Like real estate or society, for individuals approval not required, if they insist you pay regularisation charges only.

Q: IT notice for high value transaction

I sold a property of mine ( i had it registered for 30 lakhs) and the buyer registered it for only 14 lakhs though the property was sold for 38 lakhs. Ignorantly i received cash of 33 lakhs from them and deposited in my account to settle my home loan. Now i have received a notice from IT dept to account for this amount. How can I explain that the money was given by the buyer

Advocate Sundaravadivelu answered
Registering by guide line value is correct, it will not tested as fraudulent transaction. Balance amount excess received you can treat as development purposes. Any how you have to pay capital gain as per value. You have to give explanation to tax authority accordingly. Before submitting any reply first calculate capital gain is applicable for this transaction or not then you proceed

Q: My father has a property in chennai and he had let my uncle stay there with his family in the first

My father has a property in chennai and he had let my uncle stay there with his family in the first floor. There is no rent agreement made neither he was paying us any rent and staying there from more than 10 years. As we stay out of chennai.The property is selfearned by my Father's dad and it has been transferred on my dad's name and registered legally.Ladt year my dad has transferred the property on my mothers name and registered legally.Now when we want to sell the property he is not ready to move out and he has filed a case stating the will has been forged .Case is ongoing from Jan 2022.Also all the court hearings are getting adjourned as it falls exactly in Monday.Is there any way to stop the adjournment and bring the case to hearing soon.Is there any way to proceed the case fast forward.Please advise

Advocate Sundaravadivelu answered
In this case appointment of advocate is important who is familiar in civil maters. Since already two transaction reflected in the EC he cannot claim now. Verify whether he paid proper court fees or not if not paid you can challenge in first hearing itself.

Q: Bought loan / built house now found a police case in previous owner.

Bought a land in 2015, constructed house in 2020 by getting 50% loan. nNow in Ec I can find that there is a issue with previous owner and a GO was passed to block his document number. Which was added in 2016.Now I tried to change the loan to another bank, then I got to know that patta was not in our name. So we tried to change it, they rejected the request. When we enquired VAO he said the land is under a case and this land will be auctioned in some days. nBut, I have all the documents in our name except patta. And I got loan too. Now what should I do?

Advocate Sundaravadivelu answered
First place the complaints with CCB Police about this issue from your end. If possible give letter to VAO and tahildar to rectify the entry. For for your safely file case in the court. Iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii