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My father is a partner in a real estate firm of good standing, Since he is suffering from poor health, can I not succeed him as the sole legal heir? 

- by Satish Kumar, Chickmagalur

It all depends on what the partnership agreement says. Under the Indian Partnership Act, no person can be admitted into partnership without the consent of the other partners unless there is a clause in the agreement to that effect. Since your father is in a poor state of health and cannot carry on the duties of a partner, he may retire from the partnership and with the consent of the other partners you can succeed your father.


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?