LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

I want to pur­chase a res­i­den­tial plot lo­cated in Delhi which is owned by a for­eign diplo­mat. Can I do so? Is there any per­mis­sion that the seller will have to take?

—JK Ti­wari Yes, you may pur­chase a res­i­den­tial prop­erty any­where in In­dia from a for­eign diplo­mat after the seller has ob­tained clearance from the Gov­ern­ment of In­dia, Min­istry of Ex­ter­nal Af­fairs for such pur­chase/sale.

I am the mem­ber of an as­so­ci­a­tion of flat own­ers. We had booked our re­spec­tive apart­ments in a pro­ject in Gur­gaon be­ing de­vel­oped by a prom­i­nent builder. The Flat Buy­ers’ Agree­ment ex­e­cuted through us as­sured us that we will re­ceive pos­ses­sion within 24 months. How­ever, it has now been 36 months and the con­struc­tion is nowhere near com­ple­tion. We have paid ap­prox­i­mately 85% to 90% of the con­sid­er­a­tion. How should we pro­ceed?

—Jagdish Mal­ho­tra You may seek com­pen­sa­tion for pe­riod of de­lay in pos­ses­sion to­gether with in­ter­est on the same from the builder. Al­ter­na­tively, you may seek re­fund of your con­sid­er­a­tion along with in­ter­est.

I own a plot of res­i­den­tial land on which I have con­structed three units on dif­fer­ent floors. I have re­tained the ground floor unit and am plan­ning to sell the other two units. Now, the buyer of one of the units is in­sist­ing upon keep­ing the orig­i­nal sale deed which was ex­e­cuted in my favour by the pre­vi­ous owner for the whole plot of land. Can he do so?

—LA Balakr­ishna Since you (be­ing the seller) have re­tained a part of the prop­erty you are en­ti­tled to re­tain the doc­u­ments of ti­tle re­lat­ing to the prop­erty.

I have a house in Delhi which I wish to give rent. Since I re­side in Mum­bai, can I au­tho­rise my real brother who stays in Delhi to ex­e­cute and reg­is­ter the lease deed in re­spect of the house on my be­half?

—R Sri­ram Yes, you can au­tho­rise your brother by ex­e­cut­ing an ap­pro­pri­ate power of at­tor­ney as per the ap­pli­ca­ble law to ex­e­cute and reg­is­ter the lease deed in your be­half.

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