Your property-related authorized queries answered by S.C. RAGHURAM, Associate, RANK Associates, a Chennai-based legislation agency
As per the income division’s TSR File of 1979, a road’s width opening has been marked for two.9m and the rear finish has been marked for 3.6m (when all of the plots have been empty). Now, because the dwellings have elevated by greater than 16 on the road and all buildings are greater than floor plus one buildings, all 16 dwellings have to make use of this as an strategy road. Because the entry of this strategy road is 2.9m, it restricts the entry of auto rickshaws and different small automobiles. Because the GO.Ms.No.18 advocates the supply of a barrier-free setting for the aged and kids, we requested the municipal company to realign the road uniformly with a median width of atleast 3.25m. Nevertheless, the municipal company is rejecting our pleas and officers state that the income division’s TSR plan of 1979 for road width can solely be adopted, they usually can’t realign the road width uniformly as they don’t seem to be competent to take action. Even once we highlighted the rise within the dwelling depend, and that the road’s width has been much less that the qualifying width, our requests have been rejected stating that city surveyor licensed the width (2.90m within the entrance and three.60m on the finish) they usually can’t take additional motion to realign the road. How can we proceed?
The standing of possession and possession of the properties on both facet of the highway can have a bearing on whether or not realignment is feasible or in any other case. In some instances, land acquisition proceedings should be initiated to widen the highway and the identical must be accomplished by the federal government in accordance with all relevant pointers/guidelines, together with fee of compensation to the affected homeowners. If the survey data point out that realignment is feasible as it’s, you could have to file a Writ Petition in search of acceptable instructions from the Court docket.
I’ve 3 homes in Chennai. These are the small print:
1. One flat is within the title of my spouse and I, and we want to switch possession to my daughter and son-in-law
2. The second flat is within the title of my son and I, and I wish to switch possession to my son and daughter-in-law
3. The third, an unbiased home is in my title, and I wish to embody my spouse as a joint proprietor.
How do I get this accomplished?
It’s doable to do the transfers as indicated by you by executing and registering Deeds of Settlement/Reward. Nevertheless, if the beneficiary/recipient is your son-in-law or daughter-in-law, there may very well be a levy of upper stamp responsibility and reward tax implications. Please seek the advice of your lawyer and proceed as per his/her recommendation.