Q.;  My mother deceased recently.  Father has expired long ago. My mother has left behind property worth 60 lakhs. It is her self acquired property.  She has not made any Will.  We are four brothers and two sisters in all six.  One of the brother and sister had died subsequent to the death of mother.  The deceased brother and sister have one son each. Since all are settled independently, we want to sell the property.  Please guide us who should join the execution of the sale deed?

A.:   Your father had predeceased your mother.  One sister and one brother have died subsequent to your mother.  All the children of your mother, four sons and two daughters have equal shares in the property of your mother.  Each is entitled to 1/6th of the share.  Since one brother and one sister have also expired their share will pass on their sons.

       All the legal heirs, the surviving three brothers, one sister, sons of deceased brother and sister should join in the execution and admission of sale deed.

Q.:  In your February 2003 issue, in the article Purchase of Agricultural lands, it is mentioned that persons/families with annual non-agricultural income of rupees two lakhs and above are not eligible to purchase agricultural lands.  What is the basis of determining the non-agricultural income?

A.:  Section 79(A) of Karnataka Land Reforms Act 1961 deals with the non-agricultural income.  The aggregate income of all the members of the family or the joint family from the sources other than agricultural land wills e the income of the family or joint family.

       If a person, family joint family had an average income of not less than rupees fifty thousand from non-agricultural sources during a period of five consecutive years, shall be deemed to have non-agricultural income of not less than two lakhs per year.

Q.: In the apartments and commercial complexes flats/office units/shops are sold and sale deeds registered indicating undivided share of the site area for determining the undivided share the total built up area permitted by the City Corporation is divided by the total site area to get the fraction for calculating the undivided share of the units.  In some buildings subsequently parking space is converted and sold to buyers.  In such cases when the building becomes old requiring construction of new building or when the building collapses after an earth quake how to settle the undivided share of the site in view of the additional area sold?  Please clarify for the benefit of owners in such buildings.

A.:  Entire land is divided by local built up area to arrive at the undivided share.  This undivided share is proportionate to the area of the apartment sold.  Undivided shares include common area, car parking areas which are the part of the apartments.  On sale of all the apartments, entire undivided share i.e. 100% of the land is sold.  So areas of car parking cannot be sold separately, independent of apartments.  Any purchaser of car parking area does not get title interest and ownership as they are already vested with the apartment owners. Such transactions amount to sale of non-existent land.  In case of re-construction o the building such purchasers have nothing to claim.  

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