LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

My son is a Person of In­dian Ori­gin (PIO) and is mar­ried to a for­eign na­tional of non-In­dian ori­gin. Both are cur­rently re­sid­ing in USA. Can I gift an apart­ment in In­dia to both of them?

— Sharad Kapoor As per the cir­cu­lar is­sued by the Re­serve Bank of In­dia, and rel­e­vant FEMA (For­eign Ex­change Man­age­ment Act) reg­u­la­tions, you may gift an im­move­able prop­erty in In­dia (not be­ing agri­cul­tural land, plan­ta­tion prop­erty or a farm house) in favour of a PIO. How­ever, it is not per­mis­si­ble for you to make a gift of an im­move­able prop­erty, in part or whole, in favour of a for­eign na­tional re­sid­ing out­side In­dia un­less you ob­tain a prior per­mis­sion from the RBI.

I am an al­lot­tee of an apart­ment in a project which is sit­u­ated in the vicin­ity of the Okhla Bird Sanc­tu­ary. The con­struc­tion of the build­ing is com­plete but com­ple­tion cer­tifi­cate has not been ob­tained by the de­vel­oper. By when will com­ple­tion cer­tifi­cates of projects sit­u­ated in this area be is­sued?

- Su­nil Nautyal It is dif­fi­cult to pre­dict the time­lines for is­suance of com­ple­tion cer­tifi­cates for projects that are sit­u­ated within a 10-kilo­me­tre ra­dius of the Okhla Bird Sanc­tu­ary, as the mat­ter of de­mar­ca­tion of the eco-sen­si­tive zone around Okhla Bird Sanc­tu­ary is sub-ju­dice. As per or­ders passed by the Na­tional Green Tri­bunal (NGT), till such time clear­ance of the Na­tional Board of Wildlife is ob­tained for projects fall­ing within the ecosen­si­tive zone as may be pre­scribed in the no­ti­fi­ca­tion is­sued by the Min­istry of En­vi­ron­ment and For­est (MoEF), com­ple­tion cer­tifi­cates to such projects would not be is­sued.

I had pur­chased a flat last year, but wish to chal­lenge the va­lid­ity of the sale deed on grounds of fraud by the seller. What le­gal re­course do I have? How will court fees be com­puted?

—Arunava Chat­ter­jee You may seek the re­lief of can­cel­la­tion and an­nul­ment of the sale deed in a civil court un­der whose ju­ris­dic­tion this par­tic­u­lar prop­erty is sit­u­ated. The amount of court fee will de­pend on the to­tal value of the im­move­able prop­erty set out in the sale deed.

The au­thor is a se­nior part­ner at Zeus Law, a cor­po­rate com­mer­cial law firm. One of its ar­eas of spe­cial­i­sa­tions 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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