Gift settlement deed

Can other children of the father have any claim on this shop, which is given to his daughter through "gift settlement deed". ?

No.

2. If answer for above question is "NO", should I still demand NOC for his children to be on safe side in future. ?

Not required since the property is self acquired.

3. There is also deviation in the actual construction, compared to HUDA approved plan. The plan was approved as pure residential complex with G+4 floors with 20 flats. In reality, the builder has made 7 shops on the ground floor and around 34 flats in G+5 apartment. In future, can there be any issue with ground floor shop ?

The Municipality has powers to demolish the illegal construction unless the owner has applied for a building regularisation permission. If the variation of deviation is upto 10% it is not a major problem but since the deviation is major it may cause problems in future.

Thank you so much Mr. Vishal for quick response. As you pointed out, major deviation in the plan is a big future risk in this property.

1.  The shop owner says, she is paying commercial tax on this shop. Without municipal approval for the shops, can she pay commerical tax ? How to verify if she is really paying commerical tax ?

2.  Can the owner apply for building regularisation permission now ? If owner applies now, is it safe then to buy this shop ? Usually what is the penality amount municipality charge to regularise the building ?

3.  The building was constructed in 2002 and seven shops are running since then. In practice it has survived 8 yrs. What chances can be taken ? In case, municipality serves demolition notice, is there a possibility of settlement in future ?

Looking forward for your able advice.

1.  The shop owner says, she is paying commercial tax on this shop. Without municipal approval for the shops, can she pay commerical tax ? How to verify if she is really paying commerical tax ?

Ans. Paying Tax does not change the character of the offence.  I presume you are from Hyderabad so you can visit the GHMC website and check the status of tax payment using the PTIN allotted to the property.

2.  Can the owner apply for building regularisation permission now ? If owner applies now, is it safe then to buy this shop ? Usually what is the penality amount municipality charge to regularise the building ?

Ans. In A P the BPS scheme is closed as of now, it is difficult to say when the scheme will be reopened again.

3.  The building was constructed in 2002 and seven shops are running since then. In practice it has survived 8 yrs. What chances can be taken ? In case, municipality serves demolition notice, is there a possibility of settlement in future ?

Ans. It will involve considerable financial risk, as of the other issues I prefer not to comment.

Thank you so much Sir for advising me on all points.