Legal Corner » Sale of Properties

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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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a newspaper notice informing the general public that the GPA executed by your father in favor of the attorney has been revoked and if any one transacts with the attorney on the basis of the GPA they will be doing so at their own risk and you shall not be liable for any consequences.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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What is the procedure for acquiring the appropriate documents related to a plot if there is no will made for it?

atoneplace — Mon, 03 Oct 2011 09:50:52 +0000

Question asked by Mr. Thejus from Bangalore, India:
Hi , My name is Thejus and I have a friend who has a 4000 Sq ft land in a popular location in Bangalore. This plot was bought by his father from a rural landlord in the 1960’s. They have got a Mutual registration done after 12 yrs. The seller and the buyer have both expired now and my friend is in possession of the land which is vacant. There are about 6 other plots in the same layout which are vacant as well. My friend wants to sell this Land now and the only documents he has is the original sale deed agreement done in the 1960s and the latest encumbrance certificate which still says his father is the absolute owner of the land. We need to know what is the procedure for acquiring the appropriate documents.
Thanks
Thejus

Veena Answers:
We are of the view that the property of a male devolves upon his first class legal heirs namely spouse and children. In the event the property is still agricultural land, you need to go to the tahsildar and submit an application seeking mutation of khata in your name. Along with the said application, you need to submit a copy of the sale deed, death certificate of your father and no objection from your brothers and sisters if any and also your mother. In the event the property is situate within the limits of the Municipal Authority namely the Bruhat Bangalore Mahanagara Palike, then betterment charges need to be paid and a khata needs to be obtained in the name of your friend. Upon obtaining khata, he also needs to pay up to date taxes. Thereafter, the property can be conveyed to any third party.
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Will it be a problem if the dimensions on paper and actual land size differ?

atoneplace — Mon, 03 Oct 2011 09:42:57 +0000

Question asked by Mr. Raja from Chennai, India:
Hi Sir, Me and My friend planning to buy a land in Chennai. There are two lands we found to suite us. The actual land size is 30*65(say plot numb 19 and 20) each. We both need only 20*65 based on our budget. So we decided to buy plot numb 19( 30*65) and 10*65 from plot numb 20. So totally it will come 40*65 and we can share it. But the problem is in the document actual size is mentioned as 40*60 for both the lands. In the CMDA layout plan it is mentioned as 30*65. Actual land measurement is also 30*65. Only in the document it is differ. Will it be a problem for us? Please guide on this and let us know if you need more clarification.
Thanks
Raja

Veena Answers:
We are of the view that a rectification deed needs to be executed between the previous owner and the present owner. The same needs to be registered with the sub registrar. Only upon such execution of the rectification deed, the present owner can convey the property in your favor.
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Can a house be sold without the possession letter?

atoneplace — Sat, 01 Oct 2011 06:02:40 +0000

Question asked by Mr. Odell Aguiar from India:
I bought a house in 2006. I have a bank loan on the house and have paid it off in full and received all the original documents as of Aug’ 2010 However, the builder has not given me a copy of the possession letter and is demanding more money. Can I sell my house without the possession letter?
Thanks
Odell Aguiar

Veena Answers:
We are of the view that in the event all your loan documents are cleared and you are in possession of the original documents, you can convey the property to third parties even in the absence of a possession letter from the builder. Only if the property is allotted by a society, allotment letter and possession letter are mandatory.
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Whether it requires to make dastavej in favor of a buyer from developer or one can directly sale a co-operative society flat?

atoneplace — Sat, 01 Oct 2011 05:49:33 +0000

Question asked by Mr. Kirtikumar Parekh from Mumbai, India:
Dear Mam, We are holding a flat in Mumbai in co-operative society from: 1992 on allotment basis: Developers have made agreement with us & also co-operative society has issued share certificates in favor of us. i.e.: on allotment basis. So now reply whether it requires making dastavej in favor of us from developer or we can directly sale it to other parties while making dastavej in favor of party? Please reply me soon.
Thanks
Kirtikumar Parekh

Veena Answers:
A transfer deed can be executed and registered before the sub registrar by annexing the share certificate. Thereafter, the society will give effect to the change in ownership and issue a share certificate in the name of the purchaser.
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Will the property title be transferred in the buyer’s name if the flats are sold on notarized stamp paper without any registration?

atoneplace — Fri, 30 Sep 2011 05:48:46 +0000

Question asked by Ms. Aarti Prajapati from India:
Respected Madam, we have a flat in a cheap society having neither NA nor NOC. Association/management asks for Rs.15000 on a transfer of a flat. Flats are sold on notarized stamp paper without any registration. How can we avoid the Rs.15000 and still can transfer/sell our flat to someone?
Thanks a lot
Aarti Prajapati
Veena Answers:
We are of the view that on account of flats being sold on notarized documents, there is no question of title in your favor. This is because as per the provisions of the Indian Registration Act, any transfer of immovable property shall be by way of a registered document. As a consequence, when you do not possess ownership, you cannot sell the flat in favor of anyone.
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Can a gifted property be sold without the consent of the donor?

atoneplace — Tue, 03 May 2011 07:23:44 +0000

Question asked from India:
If I get a piece of land through a gift deed, can i sell the property in future with out the consent of the donor?
Thanks
Vatsala Answers:
Yes, you can. Consent of donor is not required. I am presuming the gift is unconditional.
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What is the procedure for mutation of property purchased from a bank?

atoneplace — Tue, 03 May 2011 06:59:28 +0000

Question asked by Mr. D.K. Dutta from India:
What is the procedure for mutation of property purchased from bank under sale certificate in auction? The Property has been acquired by bank from loan defaulters under surface act.
Thanks
D.K. Dutta
Vatsala Answers:
The procedure is the same as normal change of Khata. The sale deed executed by the bank in your favor is enough to get the mutation done on payment of requisite fees and filling up the application form.
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How much is the stamp duty payable on the sale agreement without possession?

atoneplace — Thu, 10 Mar 2011 09:10:04 +0000

Question asked by Mr. Kamlesh Lakshmanan from Bangalore, India:
I have booked an under construction property (flat) in electronic city Bangalore which costs 40 lakh, the builder is now requesting to have the sale agreement for which he is asking for 20,000/- Rs towards e-stamping, the question I have is : for stamp duty payable on sale agreement (without possession) is it 1% or 0.1%.
Also he suggested that as per Karnataka stamp act, 1957 the stamp duty payable on sale agreement (without possession) is 1% on the market value equal to the amount of consideration subject to a maximum of rs.20,000/-.
Thanks
Kamlesh Lakshmanan
Vatsala Answers:
It is 1% of the value in the sale agreement subject to an upper limit of Rs. 20,000/- This will be refunded if the value in the sale deed to be registered later is the same as that in the agreement.
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