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 firstname.lastname@example.org