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I have purchased a site from my friend. My friend got the site by allotment of BDA and has paid the full value to the BDA, which has executed a conditional sale deed.  The sale deed has put a condition that the transferee should not sell the site for a period of 10 years from 1986 that is up to 1996, whereas I purchased it in 1994.  I have paid full price and the sale deed is registered in my name.  Please advise whether the condition put by BDA would trouble me.

- by Gopalkrishna, Bangalore

You need not worry about the condition put by the BDA in the conditional sale deed.  Once the transferor that is the seller receives the entire agreed consideration and hands over the possession of the property to the transferee that is the purchaser, the sale becomes absolute and any conditions in the sale deed do not hold good.  Section 10 of the Transfer of Property Act 1882 is very clear in this regard.  The restriction on sale can be put only in lease deed. The BDA rules are also amended and it executes absolute sale deed.

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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?