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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:- 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?