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Get all your property-related queries sorted out here. Sunil K Ramani, director, Ramani Legal Services Pvt Ltd, will be happy to clarify your doubts.

Readers' Note: Please keep your questions short.

My wife and I are government employees each drawing a net salary of Rs 9,000 and Rs 5,000 respectively. We would like to buy a home in Secunderabad. The problem is the present seller purchased the plot from a Society in 1982. He is the original allottee and subsequently constructed his house in 1984.
The society had purchased the land from a group of Muslims. Would I face any problem in the future since the Muslim law is very complicated. If I purchase this property, what are the documents I should ask for.

— Vijay Kumar

The main thing you should look out in any purchase of property is that there should be clear title of the property intended to be purchased. This involves asking the seller to produce before you, or your lawyer, all such agreement/s or document/s by which the seller claims that he is the rightful owner of the property. Once he does furnish you the same, you should get the same checked up by a competent lawyer and before concluding of any such deal it is advisable to invite claims by placing a public notice in two leading newspapers of such intended sale.

I am planning to buy a flat on a power of attorney in New Delhi. What are the formalities and how do I make it sure that the deal is legal?

—Sanjeev

Technically, the purchase of an apartment on a power of attorney is not perfect. A power of attorney merely makes you step into the shoes of the seller. It does not lead to a transfer of the original title to the property. Although I am aware a lot of deals do happen in Delhi on such a basis, such deals are not advisable as you do not become the rightful owner of the property in eyes of law .

Normally how is the land valuation made in an up-market area and what are the necessary documents relating to the buying and selling of a disputed land or, say, litigated land. What are the legal matters to be taken into account?

—Manas Roy Burman

Valuation of property is based on various factors. Take for instance, the proximity of the subject property from the railway station, bus stop, the market area etc. Valuation also considers other issues like the last sale effected in area closest to the subject property.
You should ask the seller to give you certified copies of all such agreement/s or document/s by which he claims he is the rightful owner of the property as well as the copy of the suit which is pending in the court . Once he does furnish you the same, you should get the same checked up by a competent lawyer. The price of the subject property which is under litigation will also depend on what has the been the outcome of the court proceeding till date.

Send in your questions to perfin@rediff.co.in

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