Legal Corner » Property Registration

What all documents one needs to collect from the builder in order to register the newly built society?

atoneplace — Mon, 28 Nov 2011 08:44:27 +0000

Question asked by Mr. R.R. Saiva from India:
Sir/Madam, we have recently got our society registered for which we have to submit some documents out which few documents have to be collected from the builder. Kindly advise as to what all documents we need to collect from the builder.
Thanks
R.R. Saiva
Veena Answers:
We will able to respond to this query provided you furnish information regarding the nature of the building, whether the same is residential or commercial or comprises of villas. We would also need the location of the property to submit our views on this query.
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In case if a flat is registered in the name of three people, then in whose name the share certificate will be issued?

atoneplace — Mon, 28 Nov 2011 07:28:53 +0000

Question asked by Mr. Anand Gupta from India:
. Sir/Madam, my question is that if a flat is registered in the name of husband, wife and father-in-law, then in whose name the share certificates will be issued. And in case if husband and wife want to exclude the name of father-in-law from the share certificates then what procedure should be followed.
Thanks
Anand Gupta
Veena Answers:
We are of the view that all the three names should appear in the share certificate. In the event, the name of father in law has to be removed; the same is possible only upon the father in law issuing consent for such removal.
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Is it necessary for NRIs to arrange a power of attorney in order to appoint a representative for registering a property in India on his behalf?

atoneplace — Mon, 28 Nov 2011 06:28:59 +0000

Question asked by Mr. Giridhar:
Hi, I am planning to register a property on my name (NRI) by paying from my NRE account. My brother-in-law is there to represent me. In you first response, in the documents required to register property in India, you mentioned “general power of attorney if applicable”. Am I right in understanding that if we enclose form 32A OF REGISTRATION ACT, 1908, to appoint my brother-in-law as my representative; I don’t need to arrange POA. Could you elaborate on this please?
Thanks
Giridhar
Veena Answers:
We are of the view that it is better to execute a power of attorney authorizing your brother in law to sign the documents on your behalf.
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What are the formalities for getting a reserve plot handover from a land owner to the local body?

atoneplace — Sat, 05 Nov 2011 07:09:45 +0000

Question asked by Mr. G.Krishnamoorthi from India:
We are around 50 people who purchased plots (Individual Plots i.e. 3 cents 5.5 cents like) from a Land owner in 1987. The land owner provided a Place for Park & Cps some portion in the total plots. He got it approved from DTP approval in 1987 DTP No 135/87. Based the DTP Plan we have constructed house. The Land owner has not handover the reserve site to the local body called Panchayat. Now the reserve site was occupied by some body. The land owner denied to handover the reserve site with local body. Can we (Plot owners) hand over the reserve site with Panchayat. What are formalities? Kindly let me know the formalities.
Thanks
G.Krishnamoorthi
Veena Answers:
We are of the view that all the plot owners should form an association and demand the land owner to hand over the reserve plot to the local body. In case the land owner fails to adhere to the demand/claim, the Association should initiate legal action against the land owner.
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How does the law of succession apply to a property if the will for the same is not in place?

atoneplace — Sat, 15 Oct 2011 08:30:55 +0000

Question asked by Mr. Sunny from India:
We are 2 sisters and 1 brother. Father died without writing a will in his wife’s, son’s or daughter’s name so ideally all 4 of them inherit equal share. Post few years even the Wife died but left legal note that son can inherit her share. So now we have the following questions:
1. Does the Son now has 2 shares in property?
2. Does law applicability changes if you are Sikh family?
3. What happens when eventually the Brother & both the sisters also die? How will that property then get passed on?
Thanks
Sunny
Veena Answers:
1. No, the son does not have two shares because upon the death of the mother, the property devolves upon all the family members as per the law of succession.
2. No, the law applicability doesn’t changes for a Sikh family.
3. The property will devolve upon the legal heirs of the brother and both the sisters.
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Is it possible to transfer land without registration through a gift deed?

atoneplace — Sat, 15 Oct 2011 06:27:56 +0000

Question asked by Mr. Anuj from Delhi, India:
My father had purchased two acres of land in Delhi. Now he wants to transfer it to my name. Is it possible to transfer it without registry by registered gift and how much money will be required for the transfer?
Thanks
Anuj
Veena Answers:
We are of the view that the transfer will take effect only if the gift deed is registered. The stamp duty payable is 5% of the market value or the circle value of the property whichever is higher and registration charges are payable at 1% of the market value or the circle value of the property.
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Can a property be sold again on the basis of general power of attorney?

atoneplace — Mon, 03 Oct 2011 11:09:51 +0000

Question asked by Mr. Vivekanand Rao from Bangalore, India:
Hi Veena, We had over half an acre of land between Yelahanka and Devanahalli which was sold to a big developer 10 years back. The paani is still under my father’s name and the conversion that they did is also under my father’s name. They had taken GPA for the land and this was more than 10 years back. Now the developer plans to sell the land to another party. Will he be able to do it without our consent? And what is our liability since all papers are under my father’s name (It was only the GPAs that was given). And also can I claim some compensation in case they seek our consent; the prices now are nowhere near what it was more than a decade back.
Thanks
Vivekanand Rao
Veena Answers:
We need to know if the power of attorney was registered or merely notarized. In the event the power of attorney is merely notarized, it would be advisable to execute a revocation deed revoking the powers granted under the GPA and also publish a newspaper notice informing the general public that the GPA executed by your father in favor of the attorney has been revoked and if any one transacts with the attorney on the basis of the GPA they will be doing so at their own risk and you shall not be liable for any consequences. In case they seek your consent, you can certainly negotiate and ask for compensation towards giving up your rights on the property.
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Is it possible to add another person to an already registered property while the documents are with the bank?

atoneplace — Mon, 03 Oct 2011 10:07:32 +0000

Question asked by Mr. David Rajasekaran from USA:
I would like to add my wife’s name to the property which I registered already. But the documents are with the bank that is providing the loan. Is there any way I can get the originals and do the registration change at this time or should I have to wait until I receive the documents after the loan is complete?
Thanks
David Rajasekaran

Veena Answers:
We are of the view that your wife’s name cannot be added till such time the loan transaction is closed.
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Is it necessary to have Indian Nationality to be a member in a Society Registration Act?

atoneplace — Mon, 03 Oct 2011 08:52:37 +0000

Question asked by Chabel Josiane from France:
Is it necessary to have Indian Nationality to be a member in a Society Registration Act? Is it still necessary to be 7 members?
Thanks
Chabel Josiane

Veena Answers:
Only Indian nationals are eligible to become members of a registered society under the Societies Registration Act. The minimum number of members for the formation of a society under the Act is 7 members and there is no change in that regard.
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Is the share certificate issued by a Registered Co-operative society will be a valid title deed?

atoneplace — Sat, 01 Oct 2011 06:16:14 +0000

Question asked by Mr. Amarendra Paul from India:
I am a member of a Registered Co-operative Society who allotted a flat in my name. They issued a share certificate of Rs. 100/- along with allotment letter, possession certificate etc. I have taken a loan from a bank and bank is insisting for creation of Equitable Mortgage over the property by executing a registered sale deed. Now the question is whether sale deed is required for E.M. when a flat is allotted by a Regd. society. Is the share certificate is not a valid title deed for the purpose. What are the documents required for Equitable Mortgage in case of a flat allotted by the Regd. co-operative Society?
Thanks
Amarendra Paul

Veena Answers:
We are of the view that the in the event a society has allotted a flat in the name of its members by the issue of a share certificate, allotment letter and possession certificate, the same are considered to be documents of title. The same can be used for the creation of an equitable mortgage and there is no requirement for registration of a sale deed.
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