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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:- If there are both agreements to Sell and Sale deed with regard to a common property and sale deed has been executed, then which of the two, i.e. sale deed or agreement to sell should be given weight age?

Q:- I am resident of Bangalore and I have few questions on real estate in Bangalore. I heard there is a GO passed by Karnataka government, banning all the registrations process by CMC. Is this GO applicable only in the city of Bangalore or whole of Karnataka? Has this been lifted or still in place? Do I have to pay VAT and Service Tax if I book apartment from a builder? The apartment builder told me that there will be a construction agreement and a land agreement. Since, the construction agreement more is like a service rendered by builder to the buyer, can I just buy Service tax on the construction cost?

Q:- Is it possible to execute a sale deed on the basis of a Power of Attorney executed in foreign country before the India Embassy and duly adjudicated by the Collector of Stamps in India? 

Q:- I purchased a property and the vendor has executed the Sale Deed in favour of me. Kindly enlighten me whether I have to preserve the agreement entered with the Vendor as a document along with the sale deed?

Q:- I have entered into an agreement to purchase a property at Hongasandra which falls under the area of Bommasandra CMC.  The party is having CMC Katha, tax paid receipts. I have paid 50% of the sale price. Now, the Sub-registrar has refused to register the property. My agreement is going to lapse within one month.  What should I do in this situation?