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I am lucky that I got an allotment of site in Anjanapura Layout. The BDA has executed the sale deed in my favour on payment of full amount; the sale deed is in my possession. I have possession certificate and Katha issued by BDA in my favour. I am paying the property tax regularly; I have not fenced the site, as BDA has installed board indicating the site numbers. I was away from the country for the last six months and returned recently. During my recent visit to site, I was surprised, as I could not locate my site. It has been encroached by my neighbour who has constructed a compound. The board indicating the site numbers is removed. Please advise me how to get my site as BDA expressed helplessness.

- by Shivarudrappa, Jayanagar

BDA has no role to play in this issue. After having delivered vacant unencumbered possession to you and having got the sale deed registered in your favour, the responsibility of BDA ceases. As a registered owner, it is for you to take appropriate steps. You have to approach the civil court for relief. You have to reclaim your site through legal process. Please consult your advocate with all the documents, he will guide you as to the issue of notices and further course of action to be adopted.

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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:- What is the difference between ‘Earnest Money’ and ‘Advance’ in Agreement to Sell?

Q:- What is meant by Defect Liability period in  a construction agreement?

Q:- I have taken some land on lease for 99 years and had con¬structed a multistoried building. The lease deed contains a clause. "Cannot assign, Underlet or sublet or part with the possession of the demised property without the previous permission of the lessor". The lease deed provided for construction of building, I have given portions of the building on leave and license to various busi¬nessmen. The lessor has issued a notice demanding subletting charges from me and has also marked the copies to licensees demanding to pay the subletting charges. What is the remedy? Can the lessor institute legal action against me and other licenses?

Q:- In connection with the purchase of a plot in a township on Mysore Road, I have paid major portion of the sale consideration to the developer. But the developer has not completed even half of the work and the progress work is unduly slow for various personal reasons of the builder. I have lost interest in the plot because of this. Please advise me how to get back my money with interest from the builder?

Q:- My wife and my children have thrown me out of the house because of some difference of opinion. I purchased a site and constructed a house there on out of my own funds and presently, they are enjoying this property. Can I Sell this house in occupation of my wife and children? Will they claim their share in the property?