Lawfully Yours: By Retd Justice K Chandru

CHENNAI: TN govt may soon bring in more amendments to building rules

What is 'patta', and what are the benefits of holding one? Whom to approach for it and do all landowners need to procure one? Is it required for the reconstruction of flats, a 40-year-old apartment consisting of 28 flats? Though the condition of our building is worsening every year, three to four owners of 28 flats in our building have not agreed to the reconstruction. We have already approached the secretary of the Housing & Urban Development department. What can be done if a few owners do not consent to the reconstruction bid? Can the remaining owners apply for a common patta at the tahsildar's office?

— VS Narayanaswamy, T Nagar

Patta is the government’s recognition of your ownership of land. It serves as the primary legal document to establish the rightful ownership of a piece of land. It is required while applying for bank loans, for any developmental activity in that land, or while negotiating with the parties during its sale. As for a few people not agreeing to consent to the redevelopment of the building, you have to wait because the government is bringing certain amendments to the law. Another option is to approach the local authority and request them to inspect and examine the condition of the building. This will help gauge whether the structure has become a health hazard or poses a threat to the residents and subsequently, the authority can order the demolition of the building and seal it till then.

NRIs can buy or sell property in India through Power of Attorney

My friend is a Sri Lankan citizen residing in Colombo. He is 74-year-old and his father was an Indian who migrated to Sri Lanka in pursuit of a job during the British period. In 1952, he bought a land in Tirunelveli. Subsequently, my friend’s father died in Sri Lanka in 1980. My friend has the original documents of his father’s property in India and is trying to claim the property. What are the legal procedures to be followed?

— Manthira Thever Srimurugan, Selaiyur, Madambakkam

There are no difficulties when it comes to a foreign citizen owning properties in India. Your friend can provide a power of attorney (POA) to a confidante and trust the person with dealings regarding the property. The power agent can file civil suits to evict the encroachers in case of encumbrance.