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My sister is a converted Christian and succeeded to the property situated at Vidyaranyapura after the death of her husband. Now I got constructed a house in the Ground floor for my sister and First Floor for me and I want to acquire ownership pertaining to first floor only. What is the procedure involved for such a transfer? Can my sister release her rights over the first floor portion to me?

- by Madhusudhan, Domlur

Your sister being a Christian, it is very important to ascertain as to who are the surviving legal heirs of her late husband, since all the Legal heirs have right over the said property. Though she cannot release her right over the first floor portion, she can execute sale deed in your favour, along with 50% undivided share over the said property and all the surviving legal heirs have to sign the sale deed, confirming the sale in your favour.


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


Q:- I have constructed a residential complex, which I would like to let out.  My son suggests having leave and license agreement, instead of lease or rental agreement.  Please inform what difference between rental agreement and leave is and license agreement.

Q:- What is the difference between Agreement to sell and Sale deed? Can the Title of a property be transferred only on the basis of a registered Agreement to sell?  Is it necessary to make a registered sale deed to transfer such property though there is an Agreement to sell between two parties and is also registered?

Q:- I had entered into a sale agreement for purchase of a house at Basavanagudi. The agreement is dated 01.07.2000. 1 had paid Rs. 20, 000/- as advance on the date of the agreement and Rs. 80,000/- on 30.09.2000 towards sale price. As per the terms of agreement, seller has to get the sale deed registered in my favour on or after 30.06.2001. He is not willing to execute the sale deed and as per the information is negotiating with others for sale of the property for more money. Seller is my friend who says that limitation period is three years are over and I cannot take any legal action and assures me that he will refund the money after he finds another purchaser. I am ready with money for registration. Please advice what to do?

Q:- Can the intending purchaser of an immovable property, back out of the sale transaction on the ground of non-fulfillment of obligation by the vendor?

Q:- I have purchased a house in Malleswaram jointly with my wife. The sale deed is registered in me and my wife’s name. However, I want to transfer the entire property to my wife. Have I to execute a sale deed in favour of my wife. If so what are the stamp duty and registration charges?