LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

My brother and I want to pur­chase a floor in a build­ing con­structed by a developer. How­ever, be­fore buy­ing the same, we want to be sure that the build­ing has been con­structed as per ap­pli­ca­ble laws. What doc­u­ments do we need to ob­tain from the builder for the same?

—Sud­hakar Manoj You need to ob­tain build­ing plans from the builder duly sanc­tioned by the com­pe­tent au­thor­i­ties and the com­ple­tion cer­tifi­cate and/ or oc­cu­pa­tion cer­tifi­cate or such sim­i­lar per­mis­sion/ doc­u­ment is­sued by the lo­cal com­pe­tent author­ity in re­spect of such a build­ing. The above doc­u­ments will help you in as­cer­tain­ing whether the build­ing has been con­structed as per sanc­tioned build­ing plans or not.

My brother is a non-res­i­dent In­dian (NRI). He wants to pur­chase a house in In­dia. Is he re­quired to seek per­mis­sion from the RBI? What are the modes by which he can make a pay­ment to the seller in In­dia?

— Sahil Dubey Your brother can pur­chase an im­mov­able prop­erty (other than agri­cul­tural land/plan­ta­tion prop­erty/farm­house) in In­dia under the gen­eral per­mis­sion route of RBI. He is not re­quired to file any doc­u­ments with the RBI for the same.

Pay­ment for pur­chas­ing the said house can be made by your brother out of funds re­ceived in In­dia through nor­mal bank­ing chan­nels by way of in­ward re­mit­tance from any place out­side In­dia or through debit to his NRE / FCNR (B)/NRO ac­count.

We are a Hindu fam­ily with my mother and sis­ter. My fa­ther died with­out mak­ing a will. Dur­ing his life­time, my fa­ther pur­chased a house out of his own funds. After my fa­ther’s demise, his brother is claim­ing a share in the said house. Can my fa­ther’s brother claim any share in the house?

—Shekhar Sharma Since the said house was pur­chased by your fa­ther out of his own funds, this was his self-ac­quired prop­erty. As per Hindu Suc­ces­sion Act, 1882, you, your mother and your sis­ter are class I le­gal heirs, and in the ab­sence of any will by your fa­ther, each one of you will get one third share in the said house and other self-ac­quired prop­er­ties of your fa­ther.

Your fa­ther’s brother be­ing a class II le­gal heir has no right in the said house or other self-ac­quired prop­er­ties of your fa­ther.

The au­thor is Se­nior Part­ner at Zeus Law, a cor­po­rate com­mer­cial law firm. One of its ar­eas of spe­cial­i­sa­tion is real es­tate trans­ac­tional and lit­i­ga­tion work. If you have any queries, email us at ht­es­tates@hin­dus­tan­times. com or ht@zeus.firm.in

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