Q. What should be the solution when the sale of property is done, but the money is not paid or received due to good faith?
In such cases sale done in good faith has to be challenged in civil suit and evidence has to be given to prove that money is not received.
Q. Is it possible to stop land tilling by relative?
As per latest notification from Punjab government, if the land is hereditary or has been purchased more than 5 years ago, the same can be got vacated from any person (including relative or tenet) by filing case before Sub District Magistrate, SDM.
Q. Whether NRI has to present while purchasing property in Punjab?
No, any person, even not a relative of NRI can appear on the buyers behalf before Thasildar while purchasing a property in Punjab.
Q. Whether NRI has to be present at the time of SALE of property in Punjab?
NRI has to be present or he has to issue Power of Attorney to his Blood relation with specific incorporation of power to sale in PoA.
Q. Whether Power of Attorney is valid for the sale of property in India?
As per the latest judgement of the honourable supreme court of India, sale of property by PoA is
restricted through blood relation only, i.e sibling, children or parents. It is not valid through third party.
Q. Who is the authority in case of partition cases in respect of NRIs?
Now the NRI partition cases in Punjab are taken up by District Revenue Officer (DRO) in each district in Punjab. This was previously taken up by Thasildars.
Q. What is the role of Compromise Deed?
A compromise deed is a compromise between the two parties which is made after negotiation and the content thereof are documented and registered before the Sub Registrar. The compromise deed is a legal document and enforceable in law.
Q. Whether Capital gain in leviable on rural or urban property?
The capital gain is leviable in respect of urban property or the land which falls within the radius of 8 KM of municipal area. Beyond 8 Km from the municipal area, it is exempt.
Q. Can Citizen of Canada or any other country can purchase land/ commercial/ Residential property in India.
Under the Foreign Exchange Management Act 2000, Non Resident India with Indian Citizenship OR Foreign Citizen with Indian Origin can purchase residential as well as commercial property in India without the permission of Reserve Bank of India. But both these categories cannot purchase agriculture land, plantation land and farm house in India and are debard from investing in such properties.