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I have seen a house at Indiranagar. It has a ground floor and first floor having independent entry. The owner wants to sell the ground floor and wants to keep the first floor for his use. Shall I go ahead with the purchase of the ground floor? 

- by K. Ravi, Bommasandra

If the documents of the title are clean, you may go ahead with the purchase. While drafting the deed of conveyance, extraordinary care must be taken with regard to the right, title and interest of the parties in the property. There shall be no room for misunderstanding between the ground floor owner and the first floor owner as to the undivided share of  land, right of entry, passage of electricity cable, sanitary and water connections, usage of the setback area, usage of open terrace, common areas etc.

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These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.

QUESTIONS

Q:- I purchased a flat with the approved sanctioned plan-ground plus three floors.  Now the developer has constructed pent house and on top of that there are water tanks. We have not got occupancy certificate so far, the builder is trying to bribe the concerned authority for occupancy certificate. Will he be successful? There is also no fire fighting measures in the building and the building is more than 19 meters in height. Kindly let me know that whether I will get the occupancy certificate in this condition.

Q:- I am Ambika and am working in Bangalore. Here, I booked one flat (and got flat registration based on Undivided land) in Sep-04 which was under construction and expected to be completed in June-06 end. I have paid the gross amount (Flat Value) in 8 installments starting from Sept-04 to June-05 (I am supposed to pay sales tax in last week of June-05) I came to know that service tax is now applicable on Flat purchased from 1st June 05. I am in doubt whether I have to pay service tax or not. Please clear my doubt and let me know whether service tax is applicable or not for those who have booked (and registered) the flat in Sept-04 but flat completion is in June-05. If yes, then how much will be the service tax.

Q:- Are there rules regarding the car park bought by the owner in an apartment complex? In case he does not possess a car can he use the area to store some items?

Q:- Is it ok to purchase a flat which is under CMC-DC converted land or will there be a problem in registration? What are the documents that are needed to be verified?

Q:- I have a 100 feet x 120 feet site allotted to me by BDA at J.P. Nagar area. I want to construct a Multistoried Apartment, is it permissible?