What is Land/Property Registration and Why is it Necessary?
Land or Property Registration refers to the registration to document changes in ownership and transactions involving immovable property. Whenever you buy a piece of land/immovable property, you need to register the same with the authority concerned, so that a legal ownership title is guaranteed to you. This greatly reduces risk of fraud and helps solve disputes easily, in addition to creating and maintaining an up-to-date public record.
What You Need to Do to Register Land/Property?
Under the computerised Land and Property Registration system, registration is easy. It facilitates transparency in valuation and eliminates middlemen. Some states require an application to be submitted to the concerned authority, which may be the Sub-Registrar or the SDM of your area. The application form can either be downloaded online or obtained from the concerned authority’s office. After due verification of details, the Deed is drawn up and the registration process is complete.
Register Land / Property: Maharashtra
Registration means recording of the content of a document with a registering officer and preservation of the copies of the original document. The documents are registered for the purpose of conservation of evidence, assurance of title, public documents and prevention of any disputes. Also, registration helps an intending purchaser to know if the title of a particular property has been deposited with any person or financial institution for the purpose of obtaining an advance against the security of that property.
All documents pertaining to properties, either movable or immovable, are required to be registered under Sections 17 and 18 of the Registration Act, 1908, so that the properties can be transferred, if need be, under the Transfer Act, 1882.
What are the papers/requirements at the time of registration of documents?
The registration procedure can be completed quickly if you have all the right documents.
A document should be fully stamped as per the Stamp Duty Ready Reckoner so as to confirm that proper stamp duty has been paid. The Stamp Duty Ready Reckoner is a public document and is available for inspection at a sub- registrar’s office.
For registering documents relating to property, one should go the respective registration office along with the original document and one photocopy. The document must be printed or typed on one side only and in black color. A photocopy should be taken on only one side of the paper and the paper should be of 90 GSM thickness. There should be butter paper between the two sheets of the photocopy.
Apart from a properly executed and fully stamped duty paid document which is to be registered, the following documents are also required before the registration procedure is started.
- No Objection Certificate under the Urban Land Ceiling Act if the area of land transferred exceeds 500 sq. mts. in Pune City.
- If the land belongs to a government or semi- government body or to a charitable trust the no objection certificate of such government or semi- government body or to a charitable trust.
- Property Card of the land on which the property is being registered is situated. This requirement is irrespective of whether land is sold or the building is being sold or any other part of the building is being sold and also irrespective of whether the seller of the property is recorded as the owner on the property card or not. In other words, even the flat owners are expected to produce this paper at the time of registration.
- If property sold/purchased is in the old building and the benefit of depreciation is claimed on the market value, then any one of the following documents is to be produced as a proof of old construction:
- Municipal assessment bill of the building OR
- Building Completion Certificate OR
- Original registered agreement between the builder and original purchaser of that flat or of any other flat in that building
- Original registered agreement between the builder and original purchaser of that flat or of any flat in that building.
- It is better to get the document adjudicated in case the building is very old and proper depreciation is not given by the sub-registrar.
- Original Stamp Duty payment receipt
- One should go along with along with two witnesses
- Registration fees and computer service charges is to be paid in cash to sub-registrar at the time of registration
Fee
- As per the valuation, the registration fee is to be paid as prescribed in the Registration Act, 1908, which is 1% of the market value or upto a maximum of Rs.30,000/-, which is accepted by a Challan, paying cash in the Reserve Bank of India or by Pay Order, and the Stamp Duty is calculated as per Ready Beckoner’s rate, which is decided according to the Division of Property and Cadastral Survey No. or CTS No. of the property.
- The executant of the Deed and two witnesses are required while presenting/lodging of the Deed for registration.
- One photocopy of the Deed, along with butter paper, is required while presenting the Deed for registration.
- The total registration procedure is of about 30 minutes and on the same day the document will be delivered to the concerned party.
Registration is the process of recording a copy of a document, transferring the title in immovable property to the office of the Registrar.
Registration acts as proof that a transaction has taken place.
The registration of a document serves as a notice of the transaction, to the persons affected by the transaction. Registration also serves as an implied notice to any person subsequently acquiring interest in the property, covered by the registered document.
When a document, which is compulsorily to be registered, is not registered, it fails to confer any title given by the document.
The real purpose of registration is to ensure that every person dealing with property for which compulsory registration is required, can confidently rely on the statement contained in the register, as being a full and complete account of all transactions by which the title may be affected. A certificate of Registration is mere evidence that a document has been registered. It is not proof that it has been executed.
When the execution of a document is directly in dispute between two parties, the fact that the document is registered is not sufficient to prove its genuineness. Registration does not automatically dispense with the necessity of independent proof that the document was executed.
Registration is done after the parties execute the document. The agreement should be registered with the Sub-Registrar of Assurance under the provisions of the Indian Registration Act, 1908 within four months from the date of execution of the document. However, if due to any unavoidable circumstances, the document is not registered within the time limit, then the document can be registered only on making an application to the Sub-Registrar of Assurance within a further period not exceeding four months and on payment of appropriate fine.
The Sub-Registrar of Assurances does the following:-
- He verifies the document to ascertain whether it is legal to register it.
- He further verifies that the full stamp duty is paid.
- In his presence all parties executing the document admit that they have executed the document presented for registration. Parties who are present and admitting to execute the document are then personally identified by two independent witnesses. All parties and witnesses present, again sign in the presence of sub-registrar on an additional page attached to the document.
- Parties to the document are photographed and their thumb impression is taken and such photograph and thumb impression is affixed on additional pages attached to the document.
- He puts his official seal on each page and puts a unique numbering block on each page of the document including the additional pages. On the last page he signs the document as being registered.
- After completing this procedure, he records the contents of the document, including the additional pages, either by photocopying the content or by scanning the content of the document. The photocopy or scanned image is permanently retained by him in his records so that in future whenever a copy of the document is required it can be obtained. Also that copy becomes a public document, which anybody can inspect by paying the requisite inspection fees.
- After taking a copy of the document, as mentioned above, on the record and after completing the above formalities the original document is returned to the party presenting the document for registration. This completes the process.
Is registration compulsory for all types of transfer of immovable properties?
Except in case of transfer of shares of a co-operative housing society and housing limited company where registration is optional, virtually in all cases of transfer of immovable property like family arrangement, agreement to sell, conveyance, gift deed, lease deed (above one year), leave and license agreement, tenancy agreement, declaration deed, power of attorney to sell for consideration etc. has to be registered compulsorily under Indian Registration Act,1908 otherwise the proper legal title will not pass on to the purchaser/transferee i.e. the title will be defective if registration is not done.
In what languages should the document be written so that it can be registered in Pune?
It should be normally be written in English, Marathi and Hindi only.
After how long is the document given for registration returned?
Documents lodged for registration prior to October 1, 1995 are sent to Pune, after it is indexed, for microfilming and only then it is returned to the party, which may take a few years. All the documents lodged for registration on or from October 1, 1995 are returned to the party within a few days of indexing the same because only the photocopy is sent to Pune for microfilming. After February 1, 2002 when the registration process was computerized, normally the documents have been returned within half an hour.
Why does it take so long time for documents to be returned in old cases?
The above mentioned procedure is one of the reasons but the major reasons due to which the document remained pending at the office of sub-registrar and not being indexed and not returned to the Owner are as follows:-
• Stamp Duty was not paid according to the “Market Value”.
• Income Tax Clearance certificate U/s 230 was not attached where required (See Note (i) below).
• N.O.C. of Appropriate Authority in Form 37-1 was not attached where required. (See Note (ii) below).
• N.O.C. under Urban Land Ceiling Act was not attached where required.
• Certain parties to the Agreement had not admitted execution in front of the Sub-Registrar
The above deficiencies were always pointed out at the time of registration by way of remark (such as MV, 230A, 37-1, NOC, ADM) on the registration receipt itself but due to ignorance, owners have never cared to clear them and hence documents which do not have deficiencies mentioned in the points mentioned above. However deficiency relating to non-admission is tolerated and the document is accepted and kept pending for admission only.
Note:
(i) Income tax clearance certificate under Section 230A of Income Tax Act, 1961is now not required from 01-06-2001 even for documents accepted for registration before 01-06-2001 as requirement for such certificate was on the day of registration receipt itself but due to ignorance and a document was considered to be registered on the day it is Indexed and if it is not indexed until now no Income Tax Clearance certificate is required even for old cases.
(ii) N.D.C. of Appropriate Authority in Form 37-1 is also not required from 01-07-2002. As above NOC is now obtainable this is applicable even for old cases
If any person who has executed the document is unable to come to sub- registrar’s office on medical grounds, then what should he do?
In case a person is unable to attend the office of the sub-registrar on medical grounds, then he should apply to the sub-registrar through a duly authorized representative stating the fact. The sub-registrar is bound to visit such person after office hours i.e. morning 9.00 a.m. to 10.00 a.m. and in the evening 5.00pm to 6.00 pm. That person shall admit in execution in presence of that sub- registrar, affix his photograph and sign and put his thumb impression on the document. The sub-registrar will take the document with him and complete all the formalities and process of registration.
How does one get the document registered at the sub-registrar’s office?
1. Bring the complete document along with other documents above.
2. Submit the document along with input form at the token window and get the token number.
3. Wait till the token number is announced.
4. On token number being announced, all parties to the document must present themselves before the sub-registrar to admit execution of the document, photographed, thumb impression and signature taken on additional sheet of paper in presence of sub-registrar.
5. Pay the required registration fees and computer service charges in cash as per the receipt (Computer service charges are @ Rs.20 per page)
6. The document will be returned within 30 minutes of getting the receipt
7. Please deal only with Officers and staff of the Registration Department who always display government identity card with Government Seal.
List of SRO Offices in a Selected District Pune:
Haveli 1 :
Address: 270 Bhamburda, Shatimahaman Building, Senapati Bapat Road, Pune 411016.
Tel. : (020) 25671308
Areas Covered: Baner, Balewadi, Pashan, Kothrud.
Haveli 2 :
Address: Grampanchayat, Kadamvak Wasti, Pune-Solapur Road, Taluka Haveli, Pune.
Tel. : (020) 26913249.
Areas Covered: Urlikanchan, Shindvan, Valti, Khamgaontek, Bhavarpur, Koregaon, Mul Naigaon, Alandi Mahatobacchi, Tarde, Loni, Kalbhor, Theur, Ashtapur, Hingane, Sandas, Kunjirwadi.
Haveli 3 :
Address: S. No. 65, Ajinkya Co-op Hsg. Society, Opp. Trimurti Hospital, Wadgaon Budruk, Pune 411014.
Areas Covered: Dhankawadi, Ambegaon Budruk, Ambegaon Khurd, Ghujarniwad, Bhilarewadi, Mangadewadi, Shindewadi, Khed Shivapur, Shivapur, Ramnagar, Sanasnagar, Tanajinagar, Kondhanpur, Arvi, Rahatwade, Kalyan, Katraj, Avsarenagar.
Haveli 4 :
Address: C. T. S. No. 27/2, C,15th August Chowk, Somwar Peth, Pune 411011.
Areas Covered : Bibwewadi, Gultekdi, Guruwar Peth, Ganj Peth, Ghorpadi Peth, Ganesh Peth, Nana Peth, Bhavani Peth.
Haveli 5 :
Address: C. T. S. No. 27/2, C,15th August Chowk, Somwar Peth, Pune 411011.
Areas Covered: Pune Camp, Rasta Peth, Wanwadi, Somwar Peth, Ghorpadi.
Haveli 6 :
Address: S. No. 54, Chandra Heights, Badhenagar, New Hissa No. 15/1, Opp. Khadi Machine, Kondhwa Budruk, Pune 411048.
Areas Covered: Pisoli, Undri, Mohammedbadi, Autade, Handewadi, Khadki, Urli Devachi, Yewlewadi, Kondhwa Budruk, Kondhwa Khurd, Holkarwadi, Shewalwadi.
Haveli 7 :
Address: Flat No. 49, Ideal Park, Ideal Colony, Kothrud, Pune 411038.
Areas Covered: Ahire, Agalambe, Bahuli, Kohdhew Dhawade, Kondhwe Kopre, Kudje, Mandhawi Budruk, Mandhawi Khurd, Shivane, Sangrun, Varje, Erandwana, Hingane Budruk.
Haveli 8 :
Address: Pimpri-Chinchwad Navnagar, Vikas Pradhikaran, Purnanagar, Chinchwad, Kudrewadi Road, Chikhli, Pune
Areas Covered: Chinchwad, Akurdi, Mamurdi, Nigdi, Dehugaon Camp, Marinagar, Rinhal, Chincholi, Vithalnagar, Kivale, Rawet, Rahatani, Kalewadi.
Haveli 9 :
Address: Pimpri-Chinchwad Navnagar, Vikas Pradhikaran, Purnanagar, Chinchwad, Kudewadi Road, Chikhli, Pune
Areas Covered: Kalas, Khadki Camp, Chikhli, Charoli Budruk, Talwade, Dapodi, Dighi, Dudulgaon, Bopodi, Bopkhel, Borawadi, Moshi, Nirgudi, Vadgaon Shinde.
Haveli 10 :
Address: S. No. 65, Ajinkya Co-operative Hsg. Soc., Opp. Trimurti Hospital, Vadgaon Budruk, Pune 411041.
Areas Covered: Hingane Khurd, Vadgaon Budruk, Vadgaon Khurd, Nanded, Nandoshi, Narhe, Dhayri, Kirketwadi, Gorhe Budruk, Donje, Gorhe Khurd, Khanapur, Mathalwadi, Sambarewadi, Thoptewadi, Ghera Sinhagad, Vardade Vaswewadi, Khamgaon Mawal, Jambhali, Jhambulwadi, Kholewadi, Ambi, Morewadi, Sonapur, Aatkarwadi, Malkhed, Khadakvasla, Gogalwadi Gaudara, Manerwadi (and remaining parts of Haveli and Taluka Villages).
1. Inspector General of Registration, Pune
Address: New Administrative Building, Opp. Council Hall, Pune-411001
Tel.: (20) 26128417
2. Government Photo Registry Office, Pune
Address: 5 Finance Road, Pune-1
Tel.: (20) 26126845
3. Deputy Inspector General of Registration
Address: 5 Finance Road, Pune-1
Tel.: (20) 26119438
4. Joint District Registrar, Pune
Address: Pushpa Heights, 2nd Floor, Bibewadi Corners, Pune-37
Tel.: (20) 24216333
5. Joint Sub-registrar Haveli-1
Address: Mamledar Kacheri Compound, Khadakmal, Shukrawar Peth, Pune-2
Tel.: (20)24470689
Areas Covered: Parvati, Sadashiv Peth, Navi Peth, Shukrawar Peth, Narayan Peth, Shaniwar Peth, Budhwar Peth.
6. Joint Sub-registrar Haveli-2
Address: Pushpa Mangal Building, 2nd Floor, Bibwewadi Corners, Pune-37 Pune
Tel. : (20) 24214373 / 24216233
Areas Covered: Shivajinagar, Aundh, Kasba Peth, Mangalwar Peth, Raviwar Peth.
7. Joint Sub-registrar Haveli-3
Address: Magarpatta, Mega center, Hadpasar, Pune 28
Tel.: (20) 26990636
8. Joint Sub-registrar Haveli-4
Address: Ishana 2 , srno. 77 /2 Poud Road Kothrud Pune 38
Tel.: (20) 25285436
9. Joint Sub-registrar Haveli-5
Address: Primiar PlaZa, Near Cosmos Bank, Pune Mumbai Road Chichwad Pune-19
Tel.: (20) 25126526
10. Joint Sub-registrar Haveli-6
Address: Jiyaji Mention. Pune Solapur Road Gadital, Post office Building Hadpsar, Pune 411028.
Areas Covered: Hadapsar, Fursungi, Manjiri Budruk, Manjiri Khurd, Mundhwa.
11. Joint Sub-registrar Haveli-7
Address: Pathare / Pawar Complex, Chandannagar, Pune Nagar Road, Pune 411014.
Tel. : (20) 27012404/ 27012350
Areas Covered: Lonikand, Vadukhurd, Bakori, Phulgaon, Tulapur, Madvadi, Pherne, Dhongargaon, Pimpri Sandas, Burkhegaon, Wade Bholie, Shevri, Sheriswadi, Kolewadi, Sasthe Kharadi, Wagholi, Khesnand, Wadgaon Sheri.
12. Joint Sub-registrar Haveli-8
Address: Sonai building,Kasturba Society, Tingrenagar Road, Vishrantwadi, Pune-15
Tel.: (20) 26696766
Areas Covered: Dhanorie, Yerwada, Lohegaon.
13. Joint Sub-registrar Haveli-9
Address: Samarth Sunaco hight, srno 28, chaitanya nagar near Bharati Hospital Pune 43
Tel.: (20) 24317054
14. Joint Sub-registrar Haveli-10
Address: Srno. 27/2, k- 15, Jadhv Building, 15 Aug chowk , Pune 11
Tel.: (20) 26127260
15. Joint Sub-registrar Haveli-11
Address: Sidhivinayak keshar, Narpat giri chowk, Somwar Peth , Pune 11
16. Joint Sub-registrar Haveli-12
Address: Maruti Complex, above Kondwa Budruk Telephone Exchange, Kondhwa Budruk Pune 48
Tel.: (20) 26934387
17. Joint Sub-registrar Haveli-13
Address: kakde complex, kakde city, Hingne Karve Nagar Pune 52
18. Joint Sub-registrar Haveli-14
Address: Pimpri Chinchwad Navnagar Vikas Pradhikaran wing B,First Floor Purna nagar Chikhalu Kudalwadi Road,chikhali Ta. Haveli Pune
Tel.: (20) 27440414
19. Joint Sub-registrar Haveli-15
Address: M/s. Sriram Construction,Sriram Bhavan Balewadi phata Baner ,Pune 45
20. Joint Sub-registrar Haveli-16
Address: Kalambe complex First floor Near Niranjan Park,Upper in Vishwevar Co-oprative Bank Sinhagad Road , Pune 53
Tel.: (20) 24394682
21. Joint Sub-registrar Haveli-17
Address: Primiar Plaza, Near Cosmofank, Pune Mumbai Road Chichwad Pune-19
Tel.: (20) 27440415
22. Joint Sub-registrar Haveli-18
Address: Pimpri Chinchwad Navnagar Vikas Pradhikaran wing B,First Floor Purna nagar Chikhali Kudalwadi Road,chikhali Tal. Haveli Pune.
Areas Covered: Pimpri Camp, Bhosari, Sanghvi, Pimple Gurav, Pimple Nilakh, Pimple Saudagar.
23. Joint Sub-registrar Haveli-19
Address: Shivrangan Complex, Someshwar wadi pashan, Govind Mangal Garden, Pune
24. Joint Sub-registrar Haveli-20
Address: Beldare Patil Chowk, Bekdare Building, Datt Nagar Ambegaon Budruk. Pune
25. Marriage Officer
Address: Near treasury Pune office, Lahoti shade canteen, colector compound Pune
Tel.: (20) 26121016
Pune Rural:
26. Joint District Registrar Pune Rural
Address: Pushpa Mangal, 2nd Floor, Bibewadi Corners, Pune-37 Pune Rural
Tel.: (20)24216233
27. Sub-Registrar, Baramati
Address: Tahsil Compound, Baramati District Pune Pune Rural
Tel.: (20) 227675
28. Sub-Registrar, Bhor
Address: Tahsil Compound Taluka Bhor, District Pune Pune Rural
Tel.: (20) 222855
29. Sub-Registrar, Purandhar
Address: Tahsil Compound Post Saswad, Taluka Purandhar, District Pune Pune Rural
Tel.:(20) 22331
30. Sub-Registrar, Mawal
Address: M.Post Wadgaon, District Wadgaon Mawal Pune Rural
Tel.: (20) 22440
31. Sub-Registrar, Mulshi (Paud)
Address: Tahsil Compound Tahsil Office, Taluka Mulshi Pune Rural
Tel.: (20) 2943133
32. Sub-Registrar, Ambegaon
Address: Tahsil Compound Post Ghodegaon, Taluka Ambegaon, District Pune Pune Rural
Tel.: (20) 244510
33. Sub-Registrar, Indapur
Address: Tahsil Compound Indapur Dist Pune Pune Rural
Tel.: (20) 225366
34. Sub-Registrar, Shirur
Address: Tahsil Compound Post Taluka Shirur, District Pune Pune Rural
Tel.: (20) 222147
35. Sub-Registrar, Junnar
Address: Tahsil Compound Junnar Pune Rural
Tel.: (20) 224288
36. Sub-Registrar, Daund
Address: Tahsil Compound, Daund Pune Rural
Tel.: (20) 267041
37. Sub-Registrar, Khed
Address: Tahsil Compound Post Rajgurunagar, Taluka Khed, District Pune Pune Rural
Tel.: (20) 226262
38. Sub-Registrar, Narayangaon
Address: Tahsil Compound Post Narayangoan, District Pune Pune Rural
Tel.: (20) 245333
39. Sub-Registrar, Velha
Address: Tehsil Office Aavar, Taluka Velhe, District Pune Rural
Tel.: (20) 262342.
Areas Covered : Taluka Velhe.
40. Sub-Registrar, Kedgaon
Address: Post Kedgaon, Taluka Daund , District Pune Pune Rural.
1)PROPERTY IN JOINT NAME (A + B = 50% SHARE EACH)
2)B SOLD SAID PROPERTY TO A
3)OLD AGREEMENT NOT REGISTERED BECAUSE PURCHASE OF THE SAID PROPERTY DONE IN 26.08.2004 AND AFTER B AFTER SELLING SAID PROPERTY TO A AND GET MARRIED & GONE TO ABROAD AND SETTELLED THERE.
4)B IS NOW WILLING TO POWER OF ATTORNEY TO A FOR STAMP DUTY & REGISTRATION.
5)CAN POWER OF ATTORNEY GIVING TO THE BUYER OR FAMILY.
6)SALE AGREEMENT CAN SIGN BY POWER ATTORNEY HOLDER FOR SALE REGISTRATION.
7)CAN POWER OF ATTORNEY MADE IN INDIA TO BE SENT FOR SIGNATURE & WHAT VALUE OF STAMP PAPER.
8)REQUIREMENT FOR ATTESTESTMENT BY WHOM & REQUIREMENT OF PAPER / DOCUMENTS.
Hello Mam,
I wish to confirm the following…
I am purchasing a flat of valuation 10 lacs.
For that
I need to pay
10,000 Registration Fees
50,000 Stamp Duty
Please correct me if I am wrong…
And one more thing all the above has to be borne by the purchaser right?
Thanks,
Aditya
Mam,
A co operative housing society
If I buy a flat in this…Is there any time limit after which I need to do registry again.
And what if a building is very old – say 35 years?
@ Sharvari
Madam,
Pl give the following details.
1) Whether the flat was purchased from builder or its a re-sale flat?
2) If from the builder ,whether the society or Apartment association is formed?
3) whether your agreement is registered? And you have paid full stamp duty?
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/index.php/authorcontributor-for-bharatestates-com/
@ Anand,
Sir,
Please check whether the agreement was registered in Pune ?
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/index.php/authorcontributor-for-bharatestates-com/
I’m going to purchase resale 1BHK flat in non corporation area in Shivne, Pune. But the problem is that now PMC has stopped to register the the apartment/flats located in non corporation area & have not obtained collector NA. There is Bank loan also for the same flat. so my question is, can i buy this flat & how? How can i register this flat? if not, which legal document should i obtain/prepare at the time of purchase of this?
Sir,
I have purchased one resale flat in pune. I have entered in ‘Agreement to Sale’ with saler.
I have paid stamp duty (57000/-) and registration fees (18500/-) on ‘Agreement to Sale’.
My query is do I required Sale Deed/Deed of Assignment again ?
Do I have to register the Sale Deed/Assignment Deed again, and does it require again
payment of registration fees (18500/-) ?
If yes, transaction is only one, then why there is need of paying registration fees on
Agreement to sale ‘ and again on ‘Sale deed ‘twice?
Please reply.
Regards,
Vicky
Namaskar;
I wish to get a copy of index 2 of my flat in Pune Parvati Payatha.
Please advise me if you can arrange to do this for me in my abscence.
please mail me on csane56@optusnet.com.au
Thank you for your help in advance.
C G Sane
+61412880352
dear sir,
I purchased a plot from Kirti Developers, Pune in 2003. This is a agricultural land. However, it is registered with sub-registrar Mulshi (Paud). There is no response from Kirti Developers regarding the plot. Can we have this plot made NA. Not sure how to check the status as I reside in Mumbai. The plot is in Kirti Nagar III Dattawadi (Nere), Tal-Mulshi. Is there some land tax that I have to pay. Kindly advise how to go about. Just worried if the place is secured. Regards, Vanessa
We purchassed flat before 6 years through re-sale. The owner of our flat has not registered the flat or the property is still on the name of builder who expired. Now we want to register the flat on my name. How should i go about it? The builder says it will cost us around 3.5 lacs. Please advice as soon as possible.
Thanks for your assistance
what document should we have to check after sale deed registration of flat?
Dear Sir,
I am purchasing a row house in resale. i will pay 20% of amount now, while i am seeking loan from DHFL for remaining payment. at this instance i am paying 20% amount of cost. I have provisional sanction from DHFL but still property verification and loan disbursement is remaining. at the time of paying this 20% amount which kind of document i need to make. please respond urgently.
Is it compulsory to have a sale deed here otherwise what you think about Visarpavti?
Dear Sir,
Excuse for disturbing & giving trouble and thanks for sparing your valuable time from tight schedule of work.
Requesting to give your expert advice/remedy:
Background:
My father and grandfather were tenants occupying tenanted property.
Under the scheme of redevelopment, they surrendered their tenancy right in the above tenanted property in return of allocation of one big flat in the redeveloped property to be jointly owned by my father and grandfather.
on a condition “ HIS [ my grandfather’s NAME is as a FIRST HOLDER in Documents and Society", my grandfather had agreed to join. though diff. Between the area of surrendered premises of my father & grandfather is in 3:2 ratio respectively.
Though they are the joint co-owner as per the redevelopment agreement, but builder/developer had NOT ONLY taken the signature of my grandfather ALONE - since he is familiar with him – on the two legal deeds of undertaking on rs.100/- stamp papers as well on the two possession letters while the flat had been handed [occupational certificate has been issued in my grandfather’s name ] BUT ALSO keep his first name in share certificate of the society. [ never asking my father’s permission for doing so ]
When my father draw the attention of my grandfather to the absence of his name, then he simply informed it was sheer a TECHNICAL ERROR and nothing will be harmed to your RIGHT. However if you wish to take the objection you can but it makes no difference. So my father has not paid any attention further.
There has been no agreement or arrangement between my father and grandfather.
After the property was allotted, it was observed that short area was provided. Hence, grandfather filed a complaint before the Consumer Court.
while filing suit my grandfather has submitted only documents belong to him in his name [such as rent receipts, electricity bills, his id proof etc.]
The Builder’s advocate raised the objection that since only my grandfather had filed the complaint, the complaint is invalid as the property is jointly held by my father and grandfather. In response to the same, attached REJOINDER has been filed with the Consumer Court by my grandfather.
in spite of presence of RATION CARDS, MTNL PHONES ; GAS CYLINDERS ; RENT RECEIPTS of rented premises under two individual names : Query:
1. Under the legal proceedings in the above mentioned dispute with the builder, my grandfather has already shown this property as joint property in his rejoinder .
like to know that then can it be changed the status of the property ?
2. If my father will become a party to such a proceeding at later stage in the name of NECESSARY PARTY
then is it taken for granted that it is his mutual consent to term it as joint family/HUF property. In that case what is the remedy ?
3. In view of the attached submission, like to know whether the individual share of my father will be affected? In other words, whether, by relying on the attached submission,
can my aunties take it as a joint family property to claim their share on entire property ?
Regards,
Jagat
@ Rajeev
Sir,
1) You can pay the tax online too, you need to know the no.
2) You need to get the original from the bank, after clearing any loan amount due.
3) You can apply to the society by post, pay the necessary charges for the NOC.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/index.php/authorcontributor-for-bharatestates-com/
@ Subhash kumar
Sir,
If POA is given to the family member in direct blood relation-then stamp is 500/- rs otherwise stamp on the property value.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/index.php/authorcontributor-for-bharatestates-com/
@ Aditya
Sir,
Rs. 1000/- is correct but if its a flat under MOFA Act then stamp duty will be around.33,000/-.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/index.php/authorcontributor-for-bharatestates-com/
@ Aditya,
Sir,
You need to register the document immediately. Your title is not completed without registering the document.
Thank you.
@ Sandeep
Sir,
Unless the plan is sanctioned by collector/ town planning- it is not advisable to purchase the flat.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/index.php/authorcontributor-for-bharatestates-com/
@ Vikram,
Sir,
You must register the sale deed. If stamp is already paid then you will pay only 100/-stamp on the sale deed.Without sale Deed , title is not transferred.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/index.php/authorcontributor-for-bharatestates-com/
Dear Sir,
I had purchased a flat in 1993, which i intend to sell now. The buyer has requested to provide orginal index 2 document. I do not have the same. On contacting the Sub Registrar office for the same, I was given a fresh hand written copy with Rs.20 stamp affixed and signed and stamped by SubRegistrar. However, the buyer still feels that original document is necessary for clear marketable title. I need your expert advice on the importance of not having an original Index 2 document at the time of Sale of my property and the procedure if any to obtain the same. Alternatively, is there is any way out by declaring in newpaper the document as lost / misplaced and give deed of indemnity to buyer.
Thanking you in advance,
with Regards,
Anil.
does tranfer deed of property from one person to another by way of transfer deed. in pune in tenant cooperative hsg soe in pune.reguire registration.. from what year..
for example if property in purchased in 1984 for rs 1.75.000/-throught tranfer deed is document liable to registrered &pay stamp duty.the property is plot &struture thier on in tenant coop hsg soe in pune regeitered coop soe as per mcs 1960.1961
if said document is not still registered than what is reguriement to registered the same..the person from i brought property.now is in dispute to do comfrimation deed..of that agreement..i m member of soe.but only problem is that my documents are not registered ¬ paid any stamp duty on it..plz reply
Hi Madam,
I am Vikrant identyfy one property in Pimple gurav,it is residential Apartment.In gunthawari claas.
what precaution I need to tak care while purhse flate in this new constructed property.
please guide
I am purchasing resale property. The seller has lost the share certificate. Also, there is minor mistake in his name spelling in the MSEB and PMC documents. Pl advise on what needs to be done.
What is the procedure for NOC?
Pl confirm he documents for resale and the last document to be obtained from seller before handling the last payment.
I have bought farm/terrain land in mulshi.its 1 acre. the zone cetricate says ‘vanikaran’ ie forest zone. I want to buikd a bamboo house there. I need information on how should I get it registered?
the area of proposed bamboo house is 4000 sqft.
hemant
Hello Ma’am,
I would like to transfer the ownership of a 2BHK located in Pimpri, to My parents. Can you please tell me the best way to do so. What would be the fees involved in doing so and the procedure for the same.
@ Abhi
Sir,
pls. specify the area and whether it has nagar parishad or gram panchayat ?
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/index.php/authorcontributor-for-bharatestates-com/
@ Chandrakant
Sir,
pls. give copy of your agreement then we can arrange for it.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/index.php/authorcontributor-for-bharatestates-com/
@ Vanessa
Sir/ Madam,
You can send the agreement with Kirti developers to me and then we can see the status. Are you paying NA tax ? what about the possession of the plot ?
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/index.php/authorcontributor-for-bharatestates-com/
Hi Mam.
It is in gram panchayat. I wish to confirm, normaly for legal procesing how much money legal advisor charged. My builder legal advisor taking 20k per flat. Is there any fixed amount ?
please suggest.
@ Abhi
Sir,
In the rural area if the developer has not converted the land in Non-agricultural then the stamp duty is 4% and if the land is NA then 2% of market value.The registration charges are 1% of the market value.Pl clarify what charges are included in 20k.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/index.php/authorcontributor-for-bharatestates-com/
@ Sakina
Madam,
Pls. clarify as to how you purchased the flat before 6 years- what type of document was executed? what role builder has to play now if he had already sold. If you can show the papers then I can give appropriate advise.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/index.php/authorcontributor-for-bharatestates-com/
@ Mann
Sir,
It depends whether the flat is re-sale or directly from the builder. Pls. clarify the same.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/index.php/authorcontributor-for-bharatestates-com/
@ Zishan
Sir,
You should execute and register Agreement To Sell at the time of 20% payment. Your financial institution will need that before disbursing loan.And for the security of your 20% amount, it is better to get it registered.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/index.php/authorcontributor-for-bharatestates-com/
I need to add my name to my father’s flat in Pune. Can I get the form online? I can either be another name on the property or I can be the POD (Person who gets the owership on the original owner’s death)
How would I do it?
Thanks
Alaka
The builder is refusing to register the Deed Of Apartment as he wants to harass me.I wish to complain to the registrar.Kindly let me know the address and telephone no of the Registrar for apartments in Pune.Also let me know whether you can help to register the Deed of apartment legally.Thanks. Ashok Kumar
Sir,
As per Bombay Stamp Act, 1958 the stamp Duty is required is 1 % under Article 25B and additional Zilla Parishad (ZP) tax/cess is required 1 % thus totall stamp Duty is 2 % + 1% Registration Fee (max Rs. 30,000)for the area where Maharashtra Co-Operative Hsg. Act and Ownership Act, is not Applicable.
Regards
Adv. Mr. Pankaj Wankhade
B.A. LLB, GDC & A
@ Chandrakant
Sir,
Yes, it can arrange in your absence. Subject to Registration Receipt
Regards
Adv. Mr. Pankaj Wankhade
B.A. LLB, GDC & A
@ Vanessa
Sir / Madam,
Regarding this query we have to perused the Documents like Zone Certificate, area of the Plot, Demarcation…etc then I can give concrete answer.
Regards
Adv. Mr. Pankaj Wankhade
B.A. LLB, GDC & A
@ Sakina
Madam,
In your case you mentioned that builder expired and who is claiming is not specified, if the legal heir of the Builder is there you have to check his status whether he is eligible to execute a document in your favour or not.
Regards
Adv. Mr. Pankaj Wankhade
B.A. LLB, GDC & A
@ Mann
Sir,
Following documents/ Papers required for scrutiny of Flat/Apartment,
1.Flat Agreement alongwith Index II and Registration Receipt. (With Builders, and thereafter all documents for all Sale,)
2.Deed of Assignment alongwith Index II and Registration Receipt.(If Society formed)
3.Deed of Assignment alongwith Index II and Registration Receipt, (If Society formed)
4. Share Certificate
5. Society Registration Receipt.
6. Deed of Declaration (If Condominium formed)
7. Agreement
8. Deed of Apartment alongwith Index II and Registration Receipt, (If Society formed)
9. 7/12 Extracts,
10. Development Agreement and Power of Attorney
11. Sanctioned Plan + Commencement Certificate and Completion Certificates
12. Search and Title Report of Advocate of Developer,
13.Other related orders, N.A. order, ULC orders.
Regards
Adv. Mr. Pankaj Wankhade
B.A. LLB, GDC & A
@ Zishan,
Sir,
You have to execute registered Agreement by paying Proper Stamp Duty. Visarpavati is also OK.
Regards
Adv. Mr. Pankaj Wankhade
B.A. LLB, GDC & A
@ Anil
Sir,
Certified Copy of Index II is issued at any time which is reliable proof of Registration. If the buyer demand the Original only you can give Indemnity to satisfy him only.
Regards
Adv. Mr. Pankaj Wankhade
B.A. LLB, GDC & A
@ Vikrant
Sir,
You have to check the genuinety from “D” Prabhag of PCMC situated at next to Kalewadi Phata.
Regards
Adv. Mr. Pankaj Wankhade
B.A. LLB, GDC & A
@ Anu
Sir/ Madam,
From obtaining Duplicate Share Certificate the Owner has to filed FIR for Lost of Share Certificate and Publication in News Paper in accordance with this Society can issue separate/Duplicate Certificate.
Regards
Adv. Mr. Pankaj Wankhade
B.A. LLB, GDC & A
@ Priyanka
Madam,
In your case self acquired property can be transferred by way of gift it attracts 2 % stamp duty under Bombay stamp act, and 1% registration fees, procedure to prepare the document and get it registered in any one of the registration office out of 20 registrar offices.
Regards
Adv. Mr. Pankaj Wankhade
B.A. LLB, GDC & A
http://www.bharatestates.com/blog/index.php/pankaj-m-wankhade-legal-content-contributor
@ Alaka
Madam,
Your question is not very clear to answer, ….
After death of father the only way to get name transfer on the property through the court by obtaining heir ship certificate, and upon you can change the name from the PMC record and MSEB as well as Society record if formed, otherwise we have to obtained above referred certificate.
Regards
Adv. Mr. Pankaj Wankhade
B.A. LLB, GDC & A
http://www.bharatestates.com/blog/index.php/pankaj-m-wankhade-legal-content-contributor
My father purchased the flat from his friend and there was no paper work done. But we do have the details on how we made the payment.
The builder is asking 6 lacs rupees to sign on our registration papers. He being the owner of the building harrassing other society members too who wants to register their house. What shall we do in this case?
hello mam/sir
i want to do my flat agreement registration in hadapsar
rent is 9000 n deposit is 30000
agreement for 11 months
pl tell me what is the cost fee charges for the rental agreement registration.
thank you
@ Sangita
Madam,
Stamp duty of Rs.500/- for your term and registration fees of Rs.1,000/- max.
Regards
Adv. Mr. Pankaj Wankhade
B.A. LLB, GDC & A
http://www.bharatestates.com/blog/index.php/pankaj-m-wankhade-legal-content-contributor
I have a flat in Koregaon park,Pune purchased in 1987. I am in the process of selling the flat but do not have the Index number. I have all the other relevant documents related to registration. Would you be able to help with getting the Index number for me as I am not based in Pune?
Thanks.
@ Sangita
Madam,
If your license fee and deposit is less than 2,50,000/- then stamp duty is Rs 500/- and registration charges are are 1000/- if for commercial use then stamp duty is 1000/-. You have to bear around 1500/- for the mis expences and advocates fees shall be charged separately.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/index.php/mrudula-p-chitale-legal-content-contributor
Hi,
Nice collection of real estate queries mentioned here on this post. Thank you for the answers. I think this will help lots of people who are facing the property registration, ownership, transfer & real estate related problems.
Thanx Team Bharatestates.com
@ Sakina
Madam,
Without seeing what kind of payment receipt you have and other related details, I am unable to give you proper advise.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/index.php/mrudula-p-chitale-legal-content-contributor
Sir/Madam,
How to register a bungalow ( purchased from Buider) in Gram Panchayat ( Form 8 A). What documents are required? Can I do it even if Buidler is not giving any handover documents?Many Thanks
@ Hemant
Sir,
Vanikaran, (private) can be purchased, we have to obtained certificate from forest department of the concern division, you have to make me clear weather you are purchasing property from Developer or directly purchased. or you are going to construct.
Regards
Adv. Mr. Pankaj Wankhade
B.A. LLB, GDC & A
http://www.bharatestates.com/blog/index.php/pankaj-m-wankhade-legal-content-contributor
@ C.Ashok Kumar
Sir,
You have to approach in appropriate Court after fulfillment of all obligation i.e. clear all dues/consideration as agreed in agreement and send a notice from your Advocate for execution of Deed of Apartment.
Regards
Adv. Mr. Pankaj Wankhade
B.A. LLB, GDC & A
http://www.bharatestates.com/blog/index.php/pankaj-m-wankhade-legal-content-contributor
@ Vishwanath
Sir,
Yes, we can help you in this regards, just have to handover some information viz. date of registration, in which registration office its done, and any other documentation is available you.
Regards
Adv. Mr. Pankaj Wankhade
B.A. LLB, GDC & A
http://www.bharatestates.com/blog/index.php/pankaj-m-wankhade-legal-content-contributor
@ Rajendra
Sir,
In your case, after execution of sale Deed you can directly record your name on form 8 A of Grampanchayat, no need of hand over letter,you have to check the possession clause as mentioned in the Deed or not.
Regards
Adv. Mr. Pankaj Wankhade
B.A. LLB, GDC & A
http://www.bharatestates.com/blog/index.php/pankaj-m-wankhade-legal-content-contributor
Hello,
I have a 2BHK flat in talegaon Dabhade which I want to sell. I have taken a loan of 10Lakhs fro PNB Housing Finance. I have a few queries
1. Do I need to get my loan repaid before finalizing the deal?
2. I got possesion on March 2011 and so for financial year 2011-12 I still have not received any Property tax bill or so I havent paid it. So if I sell my flat now who needs to pay the property tax?
3. How to transfer the mseb registeration on the new owner’s name?
Thanks
Amit Pendse
Hello,
I booked a flat for which builder took a rstamp duty and registration cheque. Now because of some personal reasons, I want to cancel the booking. Builder is saying that he has done franking for stamp duty. Do let me know if I can get my money back from Government as I have not utilized the amount for registration of property ?
@ Amit
Sir,
A. Do I need to get my loan repaid before finalizing the deal?
Ans: need not to repay at the time of deal, even u can execute agreement in favour of your flat purchaser, but don’t forget to mentioned clauses about the loan in your agreement and intimation letter to your bank and no objection certificate should be require, and in meantime you can repay the dues of bank and clear the flat.
B. I got possession on March 2011 and so for financial year 2011-12 I still have not received any Property tax bill or so I haven’t paid it. So if I sell my flat now who needs to pay the property tax?
Ans: property tax is charged by corporation/municipality after fulfillment of all legal formality, you need not to worry about it. just remember to put the clause …. that you are liable to pay till today the taxes and afterwords the purchaser will be liable to pay taxes and all that.
C. How to transfer the mseb registration on the new owner’s name?
Ans: transfer of MSEDC( new name), Application Form, called as X-Y form available in the divisional office of MSEDC, you have to submit this form along with your copy of sale deed duly signed by you and the new purchaser as a applicant.
Regards
Adv. Mr. Pankaj Wankhade
B.A. LLB, GDC & A
http://www.bharatestates.com/blog/index.php/pankaj-m-wankhade-legal-content-contributor
@ Abhi
Sir,
Registration fees demand draft will be cancelled in back directly, but stamp duty you have to apply to joint district registrar, Pune by filling refund form, enclosed with your original franking, certificate of franking issued where u done the franking, and other certificate.
Regards
Adv. Mr. Pankaj Wankhade
B.A. LLB, GDC & A
http://www.bharatestates.com/blog/index.php/pankaj-m-wankhade-legal-content-contributor
Hi,
I want to register my new purchased flat which is located at Wagholi area. Which Sub Registrar office will be for Wagholi area?
Sir,
Here are the details for Property Registration of Wagholi area. Please reply us if it is wrong.
@ Deepak
Sir,
Haveli 7 :
Office Address: Pathare / Pawar Complex, Chandannagar, Pune Nagar Road, Pune 411014.
Tel. : 27012350 / 27012404
Areas Covered : Lonikand, Vadukhurd, Bakori, Phulgaon, Tulapur, Madvadi, Pherne, Dhongargaon, Pimpri Sandas, Burkhegaon, Wade Bholie, Shevri, Sheriswadi, Kolewadi, Sasthe Kharadi, Wagholi, Khesnand, Wadgaon Sheri.
Thank you.
Hello Namaskar, i have purchase a land 1000 sqft in year 1984, sale deed on 20 rs stamp paper sign by both parties. No registration done. Now is it possible to registered, what if seller is expired. seller was age 80 years in year 1984.
Hi Sir,
i am planning to buy Land in Wagholi, Kolte Park which is 3KM from Hadapsar Bypass,.need to know if that property is legal or not so where do i need to check the same thing that i shouldn’t face any problem in future and i am planning to apply for the Loan for the same Thing.
Please help me!!!
Can I get the Index II copy of Element-5,flat owners,situated at Behind Hotel Shivar Garden,Pimplesaudagar, Pune-27, online, for conveyance deed doccuments to be submitted to Registration Office, Pune.
Why is the super-built up area not mentioned in the agreement when all the cost calcualtion of the flat is taken on that basis ?
The seller has only mentioned the built up area which is 20% less than super built up area. How can I make him to change that ?
Sir,
Gunthewari construction is legal or not ? If yes. Then what things should I consider before start a construction ?
Is it possible to purchase property owned by multiple persons like father + son, husband + wife…? What legal steps we have to take while registration?
sir, i have purchased a flat from a builder in shivane and i had made a agreement with him in month oct 10 is there any validity for registration? n just tell me diffrence between agreement and registration
Dear
Sir,
I have a problem in selling my flat in Pune which was purchased in 87.Wish i can have valuable advice from you to sort out the matter.
1)The flat is registered in my and wife’s name.. My wife passed away in 2006
2) After my wife’s demise, my daughters (i have only 2 daughters) were included in the society’s share certificate.
3)I am based in Bangalore .One daughter stays wih me and one daughter stays in Dubai.Both are married.
4)I am in the process of selling the flat.
5)At the Pune subregistrar office i presented notarised power of attorney(p.o.a) given by daughters authorising me to deal with the property in any manner i like.But asst registrar rejected the p.o.a
On the ground that the same are not registered.
If i have to register then i have a problem to register in case of my daughter who is based in Dubai.She can give a p.o.a attested by consul general in Dubai.My question is how to get this registered in India since she is available physically to photographed,give thumb impression etc in registrar office
I am grateful for your kind guidance
Rgds
k.vishwanath
@ Ranjeeta
Madam,
In this case, document is done only on Rs.20/- Stamp paper only, but you not mentioned that you have paid all the agreed consideration to the seller or not, and if the consideration is paid already and if you have valid proof, you have to apply before JDR for deficit stamp duty under amnesty scheme, after that you can get the same by paying appropriate stamp duty, you alone can execute Deed of confirmation, subject to the possession the property is with you, otherwise same should goes in different ways, or we have to check the status of sellers legal hairs.
Regards
Adv. Mr. Pankaj Wankhade
B.A. LLB, GDC & A
http://www.bharatestates.com/blog/index.php/pankaj-m-wankhade-legal-content-contributor
@ Sameer
Sir,
yes, you can purchase the landed property from reputed builder no problem, if you want to check the legal clearance you have to supply legal paper for scrutiny, and it is better if the property is Plot and developer already obtained non agriculture permission and sanctioned the lay out from town planning in that case it is advisable to purchase in that case you never get any problem and you can obtained loan also.
Regards
Adv. Mr. Pankaj Wankhade
B.A. LLB, GDC & A
http://www.bharatestates.com/blog/index.php/pankaj-m-wankhade-legal-content-contributor
@ R.P. Wavhal
Sir,
Yes, but its need the registration receipt for serial no of document, which confirms the where exactly your flat is registered b’coz there are 20 registration offices in pune.
Regards
Adv. Mr. Pankaj Wankhade
B.A. LLB, GDC & A
http://www.bharatestates.com/blog/index.php/pankaj-m-wankhade-legal-content-contributor
@ Jahnvi
Madam,
Actually, you have to insist the developer/seller, it can be mentioned if the calculation is done as per super built up area.
Regards
Adv. Mr. Pankaj Wankhade
B.A. LLB, GDC & A
http://www.bharatestates.com/blog/index.php/pankaj-m-wankhade-legal-content-contributor
@ Vedant
Sir,
Not in full extent, but you not mentioned how much area you exactly purchased, zone of the property, if the plot is under the norms corporation you get the plan sanctioned, and if it is less than than the norms, in your case also not mentioned that you already got building plan sanctioned under gunthewari, b’coz as per my knowledge guntherwari regularization is completely closed by PMC/PCMC.
Regards
Adv. Mr. Pankaj Wankhade
B.A. LLB, GDC & A
http://www.bharatestates.com/blog/index.php/pankaj-m-wankhade-legal-content-contributor
@ Nisha
Madam,
There is no separate precaution is need to take, only to remember that after purchase of property in multipal names its divided in that much of parts, and in future you cannot claim on full, even the consideration was paid by the one of the member.
Regards
Adv. Mr. Pankaj Wankhade
B.A. LLB, GDC & A
http://www.bharatestates.com/blog/index.php/pankaj-m-wankhade-legal-content-contributor
@ Sunil
Sir,
Agreement is bundle of assurances given by developer and commitments given by purchaser for payment of consideration which needs to reduce into writing and same should be register, coz as per Transfer of Property act, its the property worth rs.500/- needs to be register before appropriate office, and if you are talking you only book the flat and no further documentation is done, you are advice to get your agreement register first.
Regards
Adv. Mr. Pankaj Wankhade
B.A. LLB, GDC & A
http://www.bharatestates.com/blog/index.php/pankaj-m-wankhade-legal-content-contributor
@ K Vishwanath
Sir,
In your case you do…
(i) In case your wife not made any will, you can make an AFFIDAVIT before SDO, staing that how many legal hairs your wife have (ii) you can have power of attorney from your dauthter of dubai signed with photo and sealed by embassy, now the foreign power of attorney need not to present before JDR, for adjudication.
(ii) If one of daughter is present with you and in India you bring her with you for registration.
(iii) And if your daughter stayed in India and unable to come to registration office, you can have seperate power of attorney fro her also, this will clear your problems.
Regards
Adv. Mr. Pankaj Wankhade
B.A. LLB, GDC & A
http://www.bharatestates.com/blog/index.php/pankaj-m-wankhade-legal-content-contributor
I am purchasing a new flat in Balewadi, and My registration DD will be in favour of Haveli No.1, but registration will be done at Pimpari-Chinchwad. Is it ok or legal?
@ Radiso
Sir,
Yes this is okey, there are 20 registration offices in Pune, and DD favoring Haveli No.1, is for the convenient of the public at large, coz on the eleventh hour it is not possible to change DD favoring, if registration shifted from one office to another, franking can be done any place that can be acceptable and LEGAL.
Regards
Adv. Mr. Pankaj Wankhade
B.A. LLB, GDC & A
http://www.bharatestates.com/blog/index.php/pankaj-m-wankhade-legal-content-contributor
My husband purchased a na plot in year 1985 and didn’t register it.Now I have paid all the stamp duties with penalties (previous market rate)and need to execute the document for registration. I contacted the seller for his cooperation,but since it is an old case he is not confident to cooperate and mentions he doesn’t have records and not sure whether he is the buyer,in this case how do I go about. Pl help?
Sir/Madam,
i am planning to purchase Agriculture land.what are the documents needs to check from developer before registration.what are the documents needs to keep with us after registration is done.
what precautions need to maintain after registration?
@ Farah
Madam,
As per your query, I am on the conclusion, NA Plot you purchased and formal Agreement was done, same is not registered, now you paid deficit stamp duty ( May be registration fees also), and your (husband) name is not recorded, before 31 December 2011, you had remidiy to execute one sided Deed of Declaration/Confirmation if you paid entire agreed consideration (with valid Proof) and possession is with you, from 01.01.2012, circular was issued by JDR office to all sub.registrar, non registration of one sided Declaration, if you have all these proof you can send legal notice to Seller for present before sub.registrar for conveyance registration.
Regards
Adv. Mr. Pankaj Wankhade
B.A. LLB, GDC & A
http://www.bharatestates.com/blog/index.php/pankaj-m-wankhade-legal-content-contributor
@ Somnath
Sir,
You have to verify title of the land from your lawyer, and the entire copies of Title Documents of land must be with you, and Sale Deed registration receipt, Index II, is your title document, and about precaution you just get latest 7/12 every six months.
Regards
Adv. Mr. Pankaj Wankhade
B.A. LLB, GDC & A
http://www.bharatestates.com/blog/index.php/pankaj-m-wankhade-legal-content-contributor
Plz tell me if it is ok to issue a cheque favouring the builder for registration and stamp duty charges.as per builder he has an account with axis bank and dd would be made by him
@ Ajay
Sir,
There is no problem to make payment to him, finally you made payment against charges of registration and stamp duty, and you got seperate receipts for that, but even if u in doubt, u can arrange directly, demand draft favouring sub.registrar haveli No.1, Pune and another dd favouring where ur doing franking, like WMDC limited Pune etc.
Regards
Adv. Mr. Pankaj Wankhade
B.A. LLB, GDC & A
http://www.bharatestates.com/blog/index.php/pankaj-m-wankhade-legal-content-contributor
hi
neeed a suggestion
my father-in law has a property under the panshet flood affected in S;nagar now he wants to build on the 2nd floor of the building,ground floor is around 700 aq feet 1 st floor is around 800 sq feet wht FSI can he get now to build as per new FSI guidlines on the top floor & how can he apply for a loan as we is retired no pension (pvt co.)
how i can help him to get loan from my side
pls adivce
Hi, My father has expired. As per my father’s will, the property will be transferred in my mother’s name after his death & after her death to my name. He has not given my mother any right to Sell or Gift the property to anyone. Only if I desire to sell it (once it gets transferred to my name)I need to share the amount with my sisters. In such case, if I Don’t wish to sell it, do I still need to take consent/clearance from my sisters for transferring the property from father’s name to my mother’s name & after her death to my name ? How can I get it online? The site mahabhulekh.mumbai.nic.in does not work. Also how do I get CTS number. I do have only Index II document which does not provide CTS information.
@ Sanddep
Sir,
We have to got sanctioned plan from PMC, (basically FSI for particular area is subject of Architect) so please consult architect in this matter, and if ur talking for loan purpose bank financial institutions, checking the paying capacity, and one more thing for your information even u have pension it cannot be a criteria for loan, because loan cannot be forfeit.
Regards
Adv. Mr. Pankaj Wankhade
B.A. LLB, GDC & A
http://www.bharatestates.com/blog/index.php/pankaj-m-wankhade-legal-content-contributor
Dear Sir,
Do a Tahsildar can give a N.A. Order in Velhe for an AGRICULTURE LAND to be converted in to N.A. Plots?
Whats the proceeder?
F.S.I ?
Plot size?
For sale of property in U.P. jointly held in the name of myself and my wife’s name : Can the power of attaory by one owner in the name of other owner be made in Uttarakhand for sale of land property in U.P. What is the process/forms. Do I need to approach registrar office or the Notory for power of attorney.
Sir,
how much it will cost stamp duty and regestration for new falt in new sangvi. flat cost is 20 lack
Dear Sir,
I have bought a re-sale flat in pune in Aug 2011. Although a few months later I have realized that on Index 2 the name of the owner(from whom I have bought) is still there and my name is not there. I have executed only Sale deed during our agreemnt. for which I paid Stamp and registeration charges.
Could you please advise what should I do to get my name on the index 2, what would be the problems I can face in future if I wanted to sale that Flat.
I plan to buy a resale flat (95 completion). However conveyance hasn’t happened for the same. Does conveyance/no conveyance has any impact on how stamp duty registration charges are computed? Would it still be 5% of (property value – 5L) + 7600 for stamp duty and Max of 30K or 1% of property value for registration?
Thanks in Advance
@ prashant
Sir,
From the information you have given ,I feel that your mothers name need not be entered in the property record as she has given only life interest. You can enter your name directly and no need to get sisters consent for the same.Your mother name shall be written in the ” column of other rights”. But I need to see the exact wordings of the Will to guide you properly.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/index.php/mrudula-p-chitale-legal-content-contributor
Sir.
Thanks for your prompt reply.i have EXECUTED ONE SIDED DEED DECLARATION in december,but the the talathi says that the seller name will still be in7/12 extract and to have my husband name on the document ,it is necessary by both parties to execute the document.the seller is contacted and it seems he is not interested,what will be the next step?can u pls explain to me about notice to seller/conveyance registration.
thanks in advance for taking your time to read.
Respected sir,
I am going to purchase 2000 square feet land in woughali, in Pune area near Diamond Water Park & it in Gram-Panchait area.Kindly suggest me how much regestation fee & processing fee i have to pay . What is NA certificate & Gunthebari and also get me confirmed weather NA Certificate is requaire or not for that area . With Regards — MN SARASWATI 9790754201
@ Vinay Kumar
Sir,
Needs details.For the procedure of NA , you have to coply with all the documentation first. You can get the list at the collector office.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/index.php/mrudula-p-chitale-legal-content-contributor