LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

I am an In­dian na­tional re­sid­ing in Lon­don. I re­ceived re­fund of ap­pli­ca­tion/earnest money made to the builder due to non-al­lot­ment of apart­ment in the pro­ject. Can I repa­tri­ate this amount?

- A Khan The amounts re­ceived on ac­count of non-al­lot­ment of apart­ment or can­cel­la­tion of book­ings for pur­chase of res­i­den­tial prop­erty may be repa­tri­ated after per­mis­sion from au­tho­rised dealer banks. How­ever, this fa­cil­ity is ap­pli­ca­ble only when the orig­i­nal pay­ment was made out of NRE/FCNR (B) ac­count, or re­mit­tance from out­side In­dia through nor­mal bank­ing chan­nels and the au­tho­rised bank is sat­is­fied about the gen­uine­ness of the trans­ac­tion.

I jointly own a house along with my brother. Now I want to let out the house. Can I do so? If yes, how?

- D Saini If it is an un­di­vided share, you can let out the house only with the con­sent of your brother who is the co-owner of the house. Fur­ther, the lease deed in favour of the ten­ant has to be ex­e­cuted by both the co-own­ers. My land falls within the Lal Dora area in Delhi, I have heard that I need to ob­tain a Lal Dora cer­tifi­cate. Why should I ob­tain this cer­tifi­cate and what is the process for the same?

- Ka­mal Gaur A Lal Dora cer­tifi­cate is used to es­tab­lish that a per­son is the owner of a par­tic­u­lar prop­erty/land in the Abadi area of a vil­lage (ie, area de­mar­cated for habi­ta­tion). This cer­tifi­cate is also used for the pur­pose of get­ting wa­ter/ power con­nec­tions. To ap­ply for the Lal Dora cer­tifi­cate in Delhi, you need to sub­mit the re­quired ap­pli­ca­tion form with the lo­cal area sub-di­vi­sional mag­is­trate or deputy com­mis­sioner or through an on­line ap­pli­ca­tion, along with copies of re­quired doc­u­ments at­tested by a gazetted of­fi­cer. No fee is payable to ob­tain this cer­tifi­cate.

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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