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Mrs. Vijaya Kumari Pothamsetty is a Practicing Advocate in High Court of Andhra Pradesh and Standing at Bar Council, Hyderabad for over 13 years. She has more than 10 years experience in dealing with matters pertaining to Land Acquisition, Legal documentation and other property related matters. Currently, she is a panel advocate for two public sector banks. Also, she is providing legal consulting services to Irrigation Department of Andhra Pradesh.

The propertyDirect.in requests the member/user community to utilize the opportunity to get their legal/documentation, legal opinion related queries on property matters answered by our panel experts.

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Madam I would like to whether plot purchased in 'x' sy No is in combined layouti.e x,y,z,a,( which is not mentioned in the saledeed but susequent plots were shown that the the sy.No:'x' is in the combined layout) can there a demarcation of the Sy.No: in this case

Posted By : tsunduru Sep 4, 2010

a person who has a self acquired property by giving his property to one of the children of the concubine by way settlement deed later on cancelling the same unilaterally and subsequently the same property was given to the dauighter of his concubine without informing his legally weded wifes children has suddenly expired can the children of the legally wedded wife has a right to claim the property

Posted By : sairam Sep 4, 2010

Dear Pothamsetty, thanks for this forum in advance. I have a question regarding service tax and VAT in Hyderabad , India. I bought an apartment in Hyderabad and builder is asking me for service tax and Vat. I did some research online and fouind some information but not sure the validity of the information. Should we even be paying service tax ? i found a circular released by commissionairate of service tax , New delhi in 2009 that all residential complexes ( even >12 units) are exempt from service tax....here is the link http://servicetaxdelhi.gov.in/readnews.asp?nid=155 Is it true that service tax is applicable on seme furnished apartment registration but not on furnished flats registration. R2I club forums , an online site , has some information on this http://www.r2iclubforums.com/forums/showthread.php/10374-Refund-on-Service-Tax-on-Apartment I am not sure weather to pay both service tax and VAT now , it costs me a lot to pay.. please advise.

Posted By : kumar Sep 2, 2010

Dear Mr. Kumar Since your question is related to TAX , it is transferred to our Tax panelist.

Answer by : Admin Sep 4, 2010


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Hello Madam, I like to know are there any restrictions in constructing houses adjacent to Government of India Establishments/department/offices.

Posted By : Srinivas Aug 27, 2010

Dear Mr. Srinivas, There will not be any such restrictions except for defence and airforce establishments. Also special permission is required if the construction falls under the airport zone. Like for example HADA is approval is required for height of the building in Hyderabad Airport zone.

Answer by : Vijaya Kumari P Sep 4, 2010

Madame,In 1972 my father gifted a land to one of his relatives laxmi by a registered document.They were living there in a hut.No mutation of recodrs were affeted.Patta and revenue receipts continue to be in my fathers name. In 1994 he cancelled the gift by a registered document unilaterally.Actually he purchassed the land for 15000/- but instead of a sale deed the cancellation deed was registered.An unregistered stamped acceptance deed was obtained two days later.In march 2009laxmi registered a settlement deed in her daughter Uma's name.After 6 months Laxmi died of old age,she was 92 years old.Now Uma has filed a suit for declaration and posession.What is my fathers position.Is the cancellation deed of 1994 valid.Can an unconditional gift be cancelled unilaterally by the donor.The patta was in my fathers name throughout till date.Please reply by e- mail.

Posted By : VICTOR Aug 19, 2010

In the year 1863 in koduru and chintanippula agraharam villages of anakapalle mandal in visakhapatnam district, of ANDHRA PRADESH Inam given to our fore fathers. But actually after developments all the agriculture lands(approx.13 acres) came into others hand, and they are enjoying. so kindly direct me to know, how the changes takes place as per the government records. And at the same time let me know the useful records and how can I get them from the concerned officials.

Posted By : P.SRINIVASU Aug 14, 2010

First of all I want to thank you for your services. I also want to know what is the document (Sale or Gift or ?) that can be prepared and registered at Sub-Registrar in case of claiming property based on adverse possession. Further, what are the documents needed for registration(for adverse possession) in hyderabad.

Posted By : Raghav Aug 9, 2010

Dear Mr.Raghav, Excuse me for the delay in my response. One should file suit for declaration in the civil court praying the court to declare the property as his/her own.After they get the decree from the court they can either sell or gift the property.documents that prove that he/she has been in possession i.e. tax receipts,current bills etc.should be filed in the court. . Thank you.

Answer by : Vijaya Kumari P Aug 16, 2010

Dear Madam, i would like to buy a house and now i need to pay advance to him. my friends are saying paying advance through a sale agreement on 100/= stamp paper is legally binding the seller to sell the property. please let me know whether i can pay advance of 50% through signing a agreement and pay the balance before registration

Posted By : prava Aug 2, 2010

Dear Prava, Excuse me for the delay in my response. Please note that sale agreement whether on Rs. 10 or Rs. 100 is legally binding. It will be more authenticate if you get this sale agreement registered at a sub registrar office. Also, it is always advisable to make a very minimal advance, instead of 50% you can pay 10 to 20% and fix date for registration, which needs to be mentioned in the sale agreement. You can include a detailed payment schedule in the agreement document itself. Also, make it as short duration as possible, because the longer the period between date of sale agreement date and date of registration the more the risk for the buyer. Thank you.

Answer by : Vijaya Kumari P Aug 3, 2010

My grandmom gifted her house to me and it was registered[ it was unconditional gift deed] , eb name and house tax name was changed, now my grandmother cancelled the gift deed and it was registered. whether it is valid?, now wat step i should take

Posted By : Uday Jul 26, 2010

Great forum, I will be sure to recommend to friends!

Posted By : john Jul 21, 2010

Dear Mr. Kumar, For gift deed or even for closure of the loan he need not be physically present in India. Your cousin can grant GPA to any relative or friend to execute the Gift Deed on his behalf. A GPA holder in turn can act and execute all the transactions including transferring property to your cousin’s wife using gift deed registration process and also act on his behalf for any home loan related transactions. However, All these transaction types that GPA holder can execute should be clearly and explicitly written in the GPA document. Hope this helps you. If you need any further assistance please do contact me at my email or phone sent you in a private email message. Thank you.

Answer by : Vijaya Kumari Pothamsetty Jun 21, 2010

Dear Mr.Uday, Excuse me for the delay in my response. Please note that your grandmother has every right to take her property back. The gift deed can be revoked at any time by the donar even though it is unconditional. You can not take any action against your grandmother. Thank you.

Answer by : Vijaya Kumari P Aug 3, 2010

An ancestral property is gifted to a daughter by her father 26-30 years ago. Unfortunatly, there is no trace of the document now. Several serarches went in vain. Can the daughter who is an occupent since 30 years make a gift deed based on tax receipts to her children? And also, can the children sell a part of property to others? Thanks in advance.

Posted By : Raghav Jul 23, 2010

We have a property in New bowenpally,secunderabad of roughly 130 sq.yards its between the four sons.My motherinlaw is there. so she want to distribute between the four sons under gift deed.so, i want to know how much cost will be involved for registration of the property for each totally. As I am not awareof it . If you can send the reply to my mail id. I will be thankful to you, Becoz we cannot afford more money.Looking for your favourable reply at the earliest at my mail id only.regards,sunitha.

Posted By : sunitha Jul 22, 2010

Dear Sunitha, Excuse me for the delay in my response. Please note that the cost of property registration will be quite minimal incase of gift deed, it will be around 1 to 2% of the government notified market value in Bowenpally Locality. Please visit AP government website aponline.gov.in and click on stamps and registration link, it will have a form where you just need to provide the location and survey no, it will calculate the registration cost for you. Thank you.

Answer by : Vijaya Kumari P Aug 3, 2010

Dear Madam, Is it safe to buy a plot which is not HUDA/HMDA approved, but the seller has just applied for LRS, which is in process awaiting approval. Is okay to buy the plot before LRS approval? Appreciate your response. Thanks

Posted By : Babu Jul 21, 2010

Dear Mr. Babu, It is not at all safe to buy a plot which is not approved by HUDA/HMDA,You can purchase it only when there is permission ,Let the process be done approval be given. vijaya.

Answer by : Vijaya Kumari P Jul 25, 2010

Dear Ms Pothamsetty, I need your advice on the following matter. I am an NRI living in USA , I have purchased an apartment in Hyderabad 5 years back and at the time of registration , I was not present and hence registered the apartment on my mother's name instead, who was living there since then. Now we have a problem and my mother would like to sell off the house despite mine and my sibling?s interests ? We couldn?t convince her in any way..i do have proof of sales agreement which was on my name from the builder but apartment is registered on mother?s name only. Also i have a proof of bank statements that i sent all the money needed for the purchase to India using which my mother purchased the apartment with the help of my brothers.. What should i do to prevent this sale? Is there any legal provision for me to stop the sale? She is not get along with anyone in the house including all my brothers and sisters..

Posted By : Raghuram Jul 5, 2010

Dear Mr.Raghuram, Did you write any letter to your mother saying that she cannot retain that property forever while asking her to register the property in her name? Also, you got be very clear on why you have not initiated the property transfer to change the registration on to your name? Please gather any such evidence you might have to prove these points. If you have these documents it can be used as an evidence in your favour. If you want to stop the sale transaction you will have to send legal notices to both your mother and Registrar concerned. While sending a notice to the Registrar asking him not to register the property, you have to send all the documents which say that the property was purchased with the money sent by you. The first and foremost action taken by you must be to send a legal notice. Please email me the scan copy of documents or your relatives/friends can contact me at my office in Hyderabad with these documents for an apt advice. I sent you a private message to your email ID. Thank you.

Answer by : Vijaya Kumari P Jul 7, 2010

hi Pothamsetty, I am an NRI, having agriculture land in warangal. which we have bought from farmers 30 years ago, this is an assigned land, the records in MRO offices states that past 30 ears we are doing agriculture on this land. now the land prices are going up and we need to get passbooks and registration for this land. can you pls. advise us how to move forward. Regards Venkat

Posted By : venkat Jun 23, 2010

Dear Mr. Venkat, What kind of documents are there in MRO office? Do you have a Pahani or Passbook? What are these documents stating about your possession as Owner or Occupier? If these lands are assigned under AP Land Assignment Act 1976/77 to poor landless SC/STs/BCs, the sale transaction is not valid, they will not have right to sell the property. MRO office usually verifies these facts and issues notices to the sellers and buyers, if required government can take possession back from these people. Though, you are cultivating the land you will not have right to register the property, Sub-Registrars are not supposed to register assigned lands. However, if you have a proof that you are cultivating these lands and paying Revenue department the tax, then you can approach court with these documents to grant you the possession right. Unless, a legal expert verifies the documents you have with MRO office, you will not get a proper guidance. Please email me the scan copy of documents or your relatives/friends can contact me at my office in Hyderabad with these documents for an apt advice. I sent you a private message to your email ID. Thank you.

Answer by : Vijaya Kumari Pothamsetty Jun 28, 2010

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My Cousin is abroad and he wanted to gift the apartment he owns to his wifes name. The apartment still has a loan with a bank and only copies of original registration are present. Would it be possible to have a rigistration on wifes name as a gift with out him present and original papers not present ? please advise us. Also we spoke to that bank since he wanted to clear the loan amount and bank requires his presence to handover the papers .. is this mandatory ? Please email us , we can come meet you or send you the paper work

Posted By : kumarMS Jun 18, 2010

I am a foreign national of Indian ancestry (PIO, I believe). If I were to sell ancestral property I inherited from my parents (Resident Indians), what are my tax liabilities in India and in the US for the following considerations? 1) I sell the property for 50 lakhs and decide to invest it in RBI bonds 2) I sell the property for 50 lakhs, place 25 lakhs in RBI and 25 lakhs for repatriation back to the US

Posted By : Anna Jun 3, 2010

Dear Anna, Since this is Tax Related Question, therefore it is transferred to our Tax Expert, you can look forward to an answer from Mr. Leela Sunadaram. Thank you.

Answer by : Vijaya Kumari Pothamsetty Jun 5, 2010

Hi, This is Swapna, We have identified a plot to purchase near Vivekananda nagar, Hyderabad, We were told that the land is a notary land, can we purchase such plot, what are the legal implications? Please help us.

Posted By : Swapna May 23, 2010

Dear Swapna, Did you mean that whether you can buy a notified land or not? The answer is ‘No’, any government notified land is not supposed to be sold or bought until it is de notified by a competent authority, District collector or Joint Collector, or Secretary level officers in the department of Revenue. However, if you let me know the GO number under which the land is notified, then I can give you 100% accurate advice. Thank you.

Answer by : Vijaya Kumari Pothamsetty May 23, 2010

Hi, We have made a sale agreement with a seller recently, The agreement includes that the GPA holder can sell or gift. Legally, can GPA holder do gift registration it to a blood relative, if so what are the charges for gift registration? Please clarify

Posted By : Ram May 23, 2010

Dear Mr. Ram, Yes, The GPA holder can gift it to any person not necessarily a blood relative. The registration charges for gift deed are very minimal. In Andhra Pradesh, under Hyderabad Municipal Corporation limits it is around 1 percent. Please visit AP stamps and registration department website at http://www.igrs.ap.gov.in/pls/anybody/sd_other1 for more details. Thank you.

Answer by : Vijaya Kumari Pothamsetty May 23, 2010

Hi, We are planning to buy a house in Andhra. The seller is having all the documents from year 1993. And the linked documents in 1989 has more number of square feet compared to 1993. And also boundaries also not matching with that. We have taken EC from 1990 to 2010. It is correct. And also he has approved plan which he had constructed the building in 1996. Shall we proceed with the registration. Is there any chances we face any legal issues. Please provide your suggestion. Thanks..

Posted By : venkat May 19, 2010

Dear Mr. Venkat, From your question it is not clear if the property has a change in ownership between 1989 and 1993. Did the seller buy the property from another owner before 1993? If there is a proper sale deed executed between current owner and previous owner then it should reflect the size and boundaries in the schedule of the property same as existing in the link documents. It is likely that the original owner would have sold part of the property to current one, in this case the size and boundaries might differ. Or, sometimes to avoid the registration charges the size of the constructed area is shown less than the actual one, in this case too the size would not match. In any case if the current owner is in possession of the property since 1993 and is paying property tax ever since the ownership got transferred to him/her, there should not be any issue. I would suggest you to figure out if the sale transaction registered between current owner and the previous one at a sub-registrar office under whose jurisdiction the property falls under is same as current one where you got the EC from. Before you make a final decision, it is advisable to get all the documents verified by a legal expert. Alternatively you can send me a copy of documents then I would be in a position to give you 100% accurate opinion. Please do email all the documents to my email address sent to you in a private message. Please let me know if you need more details. Thank you.

Answer by : Vijaya Kumari Pothamsetty May 21, 2010

Hi, I am an NRI and recently i made a sale agreement for 25 lakhs for a house in Hyderabad and i paid 1 lakh as advance and these details are mentioned in the agreement. The bank loan is not yet approved and the process is yet to start. Now, i want to cancel the deal due to job in-security in my company recently. So, if i cancel the deal ,is there any chance that Seller will take me to court to pay the remaining amount which is mentioned in the agreement? Even i am ready to forefeit the amount which i paid to him. Before going to discuss with him, i want to take your suggestion. Thank you.

Posted By : Krishna May 17, 2010