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My friend had purchased a house in Gadag.  It has only ground floor. He has permitted me to construct another floor (1st floor) and to use it for my residence or let out.  He assures me that I would be the Owner of that floor and is willing to execute any documents in this regard.  Please suggest the proper documents to be obtained.

- by Shadasharappa, Gadag

First of all please examine the FAR permitted on the site.  You have not informed the dimensions of the site, built up area of the house and details of building plan originally approved. If the further construction to suit your needs is permitted, you may proceed further.  Your friend may lease the roof rights for a longer period in your favour.  But in this case you will be enjoying only lease hold rights and not ownership rights and problems may arise after the expiry of the lease period.  You may also acquire undivided share in the land, wherein you will derive ownership rights you may construct a first floor.  Please ensure that the deeds are properly drafted, legal guidance is recommended. In both the cases, the documents should be properly stamped and registered.

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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 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?