Your property-related legal queries answered by Rank Associates, a Chennai-based law firm that primarily deals in these matters
I booked an apartment in Urappakkam and availed a home loan for the same. While the building was approved for eight flats, the builder has built nine. All the dues from my end have been paid. However, even though construction of the building is complete, a lot of work is still pending. For instance, electr-icity connection, setting up an inverter, water filter, etc, as mentioned in the Agreement. I would like to know what I can do, for the above said issues, legally.
Anil Kumar. C., Chennai
In all cases of deviation/ violation of Building Plans, the authority (CMDA or DTCP, as the case may be) granting sanction has the powers to take action. If your representation to the sanctioning authority is of no avail, you can approach a Civil Court of competent jurisdiction for necessary directions in this regard. In case of defects in construction or in the event the assurances made by the builder are not met, you may file a complaint before the Consumer Court for necessary remedies.
My younger son has acquired an immovable property i.e. vacant land, near Tiruchi. He intends on selling the same. But, at present, he is abroad, in the USA, on official duty and will not be able to make a trip to India. He is prepared to give the power of attorney (POA) to his elder brother who lives in Chennai. What is the procedure to be followed? Where should he get POA in the USA and where is the POA to be registered? Must it be done at the Sub-registrar’s office in Chennai or wherever the property is situated? Please clarify.
S. Ramaprasad, Chennai
A Power of Attorney executed abroad has to be on plain A4 size white paper, typed one side. The same has to be signed in all the pages by your younger son and attested by a notary public or by the authorised official in the Indian High Commission. The same has to be adjudicated (stamped) in the Registrar’s Office having jurisdiction over the residence of the Agent (your elder son, in this case) or location of the property (relevant Sub-Registrar office at Trichy). This has to be done within a period of 90 days from the date of receipt of the document in India. The presence of your elder son is required both whilst adjudicating the Power of Attorney as well as during registration of the Sale Deed.