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My brother has purchased a flat. It has not been registered. He is now in U.S.A. The promoter says that for the purpose of registration, the purchaser’s presence before the sub-registrar is necessary and on this plea he avoiding the registration. My brother is pressurizing me to complete the registration formalities immediately. How can I solve this problem?

- by S. Ramaiah, Matthikere

Your brother has to furnish a General Power of Attorney to you giving you the power to register the property in his name in the concerned office of  the sub-registrar. Since your brother is not residing in India, he may execute the GPA in your favour in U.S.A. before the Indian Consul or Vice Consul or a Judge or in a Court or before a representative of the Central Government.

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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 first floor flat from a promoter. From the second floor water is leading into my bathroom. Shall I ask the promoter to rectify the defect or the second floor owner? What is the remedy? Can I file a case against the promoter?

Q:- I have immovable properties in Mumbai, Bangalore which are let-out, now I require them for my business. Please inform me, in general, the grounds for eviction of my tenants?

Q:- This query is about undivided land in apartments building. What care should be taken above the undivided land while purchasing a flat? Should we register this also while purchasing the flat? Can we construct an independent house after the flats are demolished?

Q:- I am staying in a rented apartment. As per the terms of the rental agreement, I issued 3 month's notice to the landlord. The land¬lord says he cannot refund the security deposit till he finds a new tenant. He is suggesting me to vacate the apartment. If I vacate the apartment I may not get the deposit back. If I do not vacate he will go on adjusting the rent against the deposit, which I do not want. Please suggest a way out to solve the problem.

Q:- I have entered into an agreement to sell to buy a flat.  Now the builder insists that I pay service tax, sales tax, electricity and BWSSB charges, stamp duty, registration charges corpus fund for association which will be nearly 25% more than agreed flat rate.  Whether I am liable to pay all the charges or not kindly clarify.