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My friend had purchased a house in Mysore.  It has only ground floor.  He has permitted me to construct another floor (Ist Floor) and to use it for my residence or to 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 Srikantaiah, Mysore

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 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 leasehold rights and not ownership rights and problems may arise after the expiry of 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 am lucky that I got an allotment of site in Anjanapura Layout. The BDA has executed the sale deed in my favour on payment of full amount; the sale deed is in my possession. I have possession certificate and Katha issued by BDA in my favour. I am paying the property tax regularly; I have not fenced the site, as BDA has installed board indicating the site numbers. I was away from the country for the last six months and returned recently. During my recent visit to site, I was surprised, as I could not locate my site. It has been encroached by my neighbour who has constructed a compound. The board indicating the site numbers is removed. Please advise me how to get my site as BDA expressed helplessness.

Q:- 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.

Q:- I have purchased a site from my friend. My friend got the site by allotment of BDA and has paid the full value to the BDA, which has executed a conditional sale deed.  The sale deed has put a condition that the transferee should not sell the site for a period of 10 years from 1986 that is up to 1996, whereas I purchased it in 1994.  I have paid full price and the sale deed is registered in my name.  Please advise whether the condition put by BDA would trouble me.

Q:- My cousin is a minor and owns certain immovable properties in Mysore. He would be completing 18 years of age on 12th March 2005.  It is learnt that his natural guardian is negotiating to lease out his properties for 15 years. Please advise me whether he can lease the property for 15 years.

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 is the difference between rental agreement with leave & license agreement?