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 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.
A.: You need not worry about the condition put by the BDA in the condition sale deed. Once the transferor that is seller receive the entire agreed consideration and hands over the possession of property to the transferee that is purchaser, the sale becomes absolute and any conditions in the sale deed do not hold good. Section 10 of the Transfer of Property Act 1882 is very clear in this regards. The restriction on sale can be put only in lease deed. The BDA rules are also amended and I execute absolute sale deed.
Q.: I own a house. This is my self acquired property purchased out of my earnings. I have two children, a son and daughter. My son is married and is living separately. My daughter is unmarried and living with me in my house and is taking care of me. I am aged. I want that my daughter should get my house, but I want that the house should be in my possession as long as I am alive. Please advise how to proceed.
A.: You can transfer the house to your daughter either by way of gift or by making Will. Making gift is preferable. Will being operative only after the death. The contents and genuineness of the Will may be questioned by other claimants. However, a gift becomes operative immediately subject to conditions mentioned in the deed. Proper protective clauses to ensure that you continue to be in possession of the property as long s you are alive should be incorporated. Such conditional clauses are permitted in gift deed as per Section 126 of Transfer of Property Act 1882. The gift deed should be adequately stamped and registered.
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 to let out. He assures me that I would e the owner of that floor and is willing to execute any documents in this regard. Please suggest the proper documents to be obtained.
A.: 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 need 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 ensue that the deeds are properly drafted, legal guidance is recommended. In both the cases, the documents should be properly stamped and registered.