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 computerized 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: MaharashtraRegistration 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 expectant 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-RegistrarThe 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 receipt7. Please deal only with Officers and staff of the Registration Department who always display government identity card with Government Seal.Where registration of document is done ?According to the section 28 and 29 of the Registration Act, the documnet which need to be registered should be presented at the office of the Sub-Registrar/Joint Sub-Registrar where the registering property is situated.List of Sub Registrar Offices in Pune:Haveli 1 :Address: 270 Bhamburda, Shatimahaman Building, Senapati Bapat Road, Pune 411016.Tel. : (020) 25671308Areas 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, PuneAreas 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, PuneAreas 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-411001Tel.: (20) 261284172. Government Photo Registry Office, PuneAddress: 5 Finance Road, Pune-1Tel.: (20) 261268453. Deputy Inspector General of Registration Address: 5 Finance Road, Pune-1Tel.: (20) 261194384. Joint District Registrar, Pune Address: Pushpa Heights, 2nd Floor, Bibewadi Corners, Pune-37Tel.: (20) 242163335. Joint Sub-registrar Haveli-1 Address: Mamledar Kacheri Compound, Khadakmal, Shukrawar Peth, Pune-2Tel.: (20)24470689Areas 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 PuneTel. : (20) 24214373 / 24216233Areas Covered: Shivajinagar, Aundh, Kasba Peth, Mangalwar Peth, Raviwar Peth.7. Joint Sub-registrar Haveli-3 Address: Magarpatta, Mega center, Hadpasar, Pune 28Tel.: (20) 269906368. Joint Sub-registrar Haveli-4 Address: Ishana 2 , srno. 77 /2 Poud Road Kothrud Pune 38Tel.: (20) 252854369. Joint Sub-registrar Haveli-5 Address: Primiar PlaZa, Near Cosmos Bank, Pune Mumbai Road Chichwad Pune-19Tel.: (20) 2512652610. 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/ 27012350Areas 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-15Tel.: (20) 26696766Areas Covered: Dhanorie, Yerwada, Lohegaon.13. Joint Sub-registrar Haveli-9 Address: Samarth Sunaco hight, srno 28, chaitanya nagar near Bharati Hospital Pune 43Tel.: (20) 2431705414. Joint Sub-registrar Haveli-10Address: Srno. 27/2, k- 15, Jadhv Building, 15 Aug chowk , Pune 11Tel.: (20) 2612726015. Joint Sub-registrar Haveli-11 Address: Sidhivinayak keshar, Narpat giri chowk, Somwar Peth , Pune 1116. Joint Sub-registrar Haveli-12 Address: Maruti Complex, above Kondwa Budruk Telephone Exchange, Kondhwa Budruk Pune 48Tel.: (20) 2693438717. Joint Sub-registrar Haveli-13 Address: kakde complex, kakde city, Hingne Karve Nagar Pune 5218. Joint Sub-registrar Haveli-14 Address: Pimpri Chinchwad Navnagar Vikas Pradhikaran wing B,First Floor Purna nagar Chikhalu Kudalwadi Road,chikhali Ta. Haveli PuneTel.: (20) 2744041419. Joint Sub-registrar Haveli-15 Address: M/s. Sriram Construction,Sriram Bhavan Balewadi phata Baner ,Pune 4520. Joint Sub-registrar Haveli-16 Address: Kalambe complex First floor Near Niranjan Park,Upper in Vishwevar Co-oprative Bank Sinhagad Road , Pune 53Tel.: (20) 2439468221. Joint Sub-registrar Haveli-17 Address: Primiar Plaza, Near Cosmofank, Pune Mumbai Road Chichwad Pune-19Tel.: (20) 2744041522. 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, Pune24. Joint Sub-registrar Haveli-20 Address: Beldare Patil Chowk, Bekdare Building, Datt Nagar Ambegaon Budruk. Pune25. Marriage Officer Address: Near treasury Pune office, Lahoti shade canteen, colector compound PuneTel.: (20) 26121016Pune Rural:26. Joint District Registrar Pune Rural Address: Pushpa Mangal, 2nd Floor, Bibewadi Corners, Pune-37 Pune RuralTel.: (20)2421623327. Sub-Registrar, Baramati Address: Tahsil Compound, Baramati District Pune Pune RuralTel.: (20) 22767528. Sub-Registrar, Bhor Address: Tahsil Compound Taluka Bhor, District Pune Pune RuralTel.: (20) 22285529. Sub-Registrar, Purandhar Address: Tahsil Compound Post Saswad, Taluka Purandhar, District Pune Pune RuralTel.:(20) 2233130. Sub-Registrar, Mawal Address: M.Post Wadgaon, District Wadgaon Mawal Pune RuralTel.: (20) 2244031. Sub-Registrar, Mulshi (Paud) Address: Tahsil Compound Tahsil Office, Taluka Mulshi Pune RuralTel.: (20) 294313332. Sub-Registrar, Ambegaon Address: Tahsil Compound Post Ghodegaon, Taluka Ambegaon, District Pune Pune RuralTel.: (20) 24451033. Sub-Registrar, Indapur Address: Tahsil Compound Indapur Dist Pune Pune RuralTel.: (20) 22536634. Sub-Registrar, Shirur Address: Tahsil Compound Post Taluka Shirur, District Pune Pune RuralTel.: (20) 22214735. Sub-Registrar, Junnar Address: Tahsil Compound Junnar Pune RuralTel.: (20) 22428836. Sub-Registrar, Daund Address: Tahsil Compound, Daund Pune RuralTel.: (20) 26704137. Sub-Registrar, Khed Address: Tahsil Compound Post Rajgurunagar, Taluka Khed, District Pune Pune RuralTel.: (20) 22626238. Sub-Registrar, Narayangaon Address: Tahsil Compound Post Narayangoan, District Pune Pune RuralTel.: (20) 24533339. Sub-Registrar, Velha Address: Tehsil Office Aavar, Taluka Velhe, District Pune RuralTel.: (20) 262342.Areas Covered : Taluka Velhe.40. Sub-Registrar, Kedgaon Address: Post Kedgaon, Taluka Daund , District Pune Pune Rural.
purchased an Apartment in anApartment condominium during 1990after registering the purchase agreement.After 2 years the builder gave physical possession of the flat on getting completion certificate. he did not registerthe Deed of Apartmnt toll date despite repeated reminders so the General Body of the Condominium passed a rsolution and authorised th office bearers to execute a Deed of apartment which is carried ou.now the builder raised objection for the same and sent notice to the signotories. is the builder justified to send notice.what is the time limt for the buider to execute the Deeed of apartment.will it come under limitation act pl clarify
Suppose if a registered document is not collected from the sub registrar for a very long time. For Eg If a deed is registered in 1997 and a particular person requires that deed today what he should do to procure it kindly advice
I have a problem.
I purchased a flat situated at Mira Road in Thane District and got registered at Mumbai Fort SRO on 2nd June 1999. On the same day another of my friend also got registered by paying the same amount of stamp duty.
I could not collect the documents so far, though I got the original recept intact with me. The reason being I got loan by pledging the original receipt.
My friend collected his original doucments in 2007.
Now I approached the record Assistant at SRO, Mumbai Fort. He asked me to come after four days and before coming he requested to phone to him. He also told that the document will be sent to Thane for delvery as I may have to pay some more money for registration. Can you enlighten me on this. Need the document to be collected from Thane where as my friend collected the same from SRO Fort.
If that particular document is not found any where, is the sub registrar suppose to provide a affidavit that the document is lost or something
Can we have a affidavit from the Sub Registrar if the document is not found anywhere neither with the bank nor with the registrar even the copies that the documents are lost for the purpose of getting the property freehold , if yes what is the procedure ???
Is the Internet faility provided by the Registration Department can verify by evry customer or is sub registrare is bound to disclose the names of first 20 names By publice notice on board evry day ?
i had purchased two one bhk flats in pune and they were registered in the name of myself and my wife but the builder has registered both the documents in one and the same agreement of sale. now we want to sell one of the units to a buyer who says he will require the original document for advancing a loan on the property. but we will be left with no proof of conveyance on the remainign property please guide us what to do
I have problem . I have a property (1bhk) , however due to constant moving around the entire bunch of property papers are missing. We tried to get the document from the haveli, however as the property is 20 yrs old they do not have it too. Does this mean we can never sell this house. What can be done ?
I HAVE PURCHASED PROPERTY IN 2002 BUT NOT REGISTERED THE SAME.STAMP DUTY PAID ASPER CALCULATE BY OFFICER,MARKET VALUE IS 3,85000 N STAMP DUTY PAID 5315.00. PLEASE LET ME KNOW THE PROCEDURE FOR THE SAME AND THE PENALTY PAYABLE IF ANY.
Dear Nilesh,
” It seems that you have purchased the stamp in the year 2002. The period for registration of document is 4 months from the date of execution.Now in your case the time period is expired.You have two options 1) you can wait for the amnesty scheme ( which the government announces time to time). 2) you can execute a Deed Of Confirmation( both the parties should be present) and if other person is not co-operating then you can register Deed Of Declaration on your own and pay the deficit stamp .” But the appropriate advise can be given only after perusing the document.
Regards
Mrudula Chitale
http://www.bharatestates.com/blog/authorcontributor-for-bharatestates-com/
Dear Satish,
Though one agreement in respect of Two flats is executed, at the time of executing final deed of Conveyance ( if not already executed) we can execute two Deed Of Apartments for two separate flats.”
My original agreement for sale duly registered, was not collected in 1998. Now I have a buyer for the same and I got the Registrar’s office locate the document. Everything is in order (I had the original regi. duty receipts to locate the documents) BUT the agreement pages could not be stamped with the unique numbering block–the Badar stamp because there was some descripency in their delivery book nos. The no. was written in receipts and also mentioned (& tallied and confirmed as mine) in the Agreement. so my question is, is my document absolutely legal and safe or not?
Dear Darshana,
Firstly i am still unable to understand your query.Have you received the original copy of your agreement registered in the year 1998 and there are decripancies or you have not yet received the document. Pl clarify your query further so that I can give proper advise
Regards
Adv Mrs Mrudula Chitale
Hi,
We purchased a flat of 840 Sq.Ft. last year but later came to know that the area of the flat is less than 800 Sq.ft.
We hired an Architect to measure the flat and he has also aggreed that the Sq.ft area mentioned by the builder is less. The Architect has also provided the measurement documents.
We did approach the builder but he is not ready to give us the money now.
Please let me know what should i do and how??
Regards,
Manoj
I have got the registered documents on the same day but without Index 2
Our housing complex is registered as “APARTMENTS”, and not a COOP HSG SOCIETY, hence no share certificates have been issued. The builder has executed Deed of Declaration separately with each of the 350 flat owners, and each flat owner has a separate INDEX II.
When a flat is sold, the seller and the buyer register a new transaction and a new INDEX II is given to the buyer, which he submits to the Managing Committee.
What is the procedure to be followed when the flat is to be transferred by way of a WILL, e.g. when the flat owner dies, and a WILL is in place, or a WILL is not in place, how to execute the transfer of ownership of the flat to his/her heir. Is there a need to register this transfer and secure a new INDEX II from the Municipal Authorities.
Thank you very much for your guidance.
Regards,
Samir Narvekar
Hi, I have flat in pune on my mother’s name which was purchased in 1990. At that time we had all the papers and registrations in place. But from last many years we have left the flat and the registration papers are misplaced. How could I get the registration papers from registrar office i.e. I am looking for the procedure. Also how to locate the registrar office for a particular address.
Dear Viren,
For that you have to look for the registration office as per the location of the Flat( because in the year 1990 the registration used to take place as per the location of the property).Thereafter you have to take search for the relevant period in the record of that office . Once you trace the document( you will find entry as per the name of Purchaser and seller), you can apply for the certified copy of the document and Index II.
Regards
Adv Mrudula Chitale
Hi, I have a flat in Baner, Pune. Want to let out the same.
1) Is it compulsory to register Leave & Licence?
2) What is the procedure to register it?
3) What are the charges do I have pay for registration?
4) Where to register in Baner area?
5) What will be the advantages for me if I register it?
6) What will be the consequences if I do not register?
Please advise me as soon as possible.
Thanks & Regards
Sandeep Chitale
Dear Sandeep,
Query And Answer.
1) Is it compulsory to register Leave & Licence?
Yes it is compulsory to register it under the provisions of Maharashtra Rent Control Act.
2) What is the procedure to register it?-
Leave and License is to be carefully drafted and after paying necessary registration fee and stamp duty you have to lodge it for registration.
3) What are the charges do I have pay for registration?
Rs 1000/-
4) Where to register in Baner area?–
Not necessary to register in Baner. You can register in any of the office in Pune.
5) What will be the advantages for me if I register it?
In law duty is caste upon the owner to get the same register, otherwise a penalty and punishment is prescribed in the Act.Advantage is if the Licensee does not vacate even after the expiry of the term, you have a strong case and can get it vacated from the special authority.
6) What will be the consequences if I do not register?
Answer is in query no 5.
Regards
Adv Mrudula Chitale
Legal Advisor
http://www.bharatestates.com/blog/authorcontributor-for-bharatestates-com/
Hi,
I am taking a flat for rent at wakad, pune. The society requires police verification for rent agreement.
I want to know the procedure for rent agreement registration along with the contact of the registration office where i can do the same for ‘WAKAD’ area, pune.
Any info will be greatly helpful
Thanksnn1
I am a flat owner in housing society and want to give flat on rent to Mr. A, is NOC from Managing Committee is absolutely necessary in order to rent a flat although I have registered my agreement and also submitted police verification and also intimated society with copies of all document.
As discussed with someone, as per by Law and the Notification from the Maharashtra Govt., on the “non-occupancy charges”, it remains “non-mandaotry” to take permission
from the CHS MC for giving out your property for lease or rent. Just want to cross check how far this is true.
My builder is asking to sign the deed of apartment. need to understand what is the deed of apartment and should we sign it or not. Builder has mentioned that he will have electrict bill in his name then he will transfer to my name and also he can increase the floar if required. Need more help.
what is the meaning of INDEX II? Kindly explain in full details and whether it relates to builder only
Is there government’s areawise property valuation available online ? Or I must visit the registrar’s office in person to get it ?
HI…PLS LET ME KNOW THE PROCEDURE TO GET CHARITABLE LAND FOR LEASE.
Hi, My father-in-law had awarded a open plot of 2000 sq.ft in pune to my wife and her sister equally. Now the property is in father-in-laws name. He had executed a will, where he says he had mentioned the property distribution of this and other property equally to all his legal heirs. Now my wife and her sister want to construct the open plot. What is the immediate procedure we should do, do we have to make power of attorney and later shall we have to pay stamp duty for transfering the property as they are legal heir. What will the exact procedure for transfering property incase of will. Pl reply
Gajendran Ganeshan
gajendran_ganeshan@yahoo.co.in
I am going to buy a Flat, Which is in My Area (MUMBAI – GHATKOPAR) but problem is that, The seller has misplaced the Earlier Original Sale Agreement (Between Seller & Builder). He had purchased Flat in 1976 at that Time there was no rule of Registration.What should I do? As I want to take Home Loan So I need all Documents
@ Nilesh Patel
Yes at that time registration of document was not compulsory. But still the agreement between builder and purchaser and possession receipt is required.
If those documents are not available, then the owner can register one Deed Of Declaration and can attach his electricity bills and tax receipts as proof of possession.Bank will also ask for the Indemnity which can be executed by the owner.
Regards
Mrudula Chitale
http://www.bharatestates.com/blog/authorcontributor-for-bharatestates-com/
I had purchased a land long back and there was a dispute which we had to settle in court. I have 7/12 extract and Index-2 of my name, I want to know if I want a clear 7/12 extract of my name whom should I approach and what all document is required. My land is in Dehu road Cantonment area and I don’t know to which office to approach please guide me.
@ Sam Kumar
Sir,
The query is not so clear. But you have to approach the cantonment office at Dehu .If you can sent the scanned copy of the current 7/12 extract then only i will be able to tell whether separate 7/12 extract can be done.It also depends upon the area ( in sq.ft) and whether the lay-out was sanctioned.
Regards
Mrudula Chitale
http://www.bharatestates.com/blog/authorcontributor-for-bharatestates-com/
What is the process for retrieving the registered agreement from the office of Registrar of Assurances? In case the document is not traceable from Registrar office what is the legal remedy for it? The agreement was registered in March 1997. Kindly advise.
@ Sachin
Sir,
What I understood from your query is that you have registered one document in March 1997 but the same is not traceable from registration office(it is lost by registration authority). In this case if you have original receipt of the registration then first make written application and get the acknowledgment from them.Then if it is not found then take their written reply to that effect.Let me know whether you have done this then only I can advise .
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/authorcontributor-for-bharatestates-com/
Can you outline the process of registering a leave and license agreement? I have the agreement document with and am in the process of getting an e-Stamp certificate issued. How do we go about from here before visiting the sub-registrar office.
@ Shirish
Sir,
You can take a token at igrmaharashtra site. You will have to pay registration charges of Rs 1000/- by demand draft only. You will have to pay stamp duty as per the rent and deposit. Then get one photo copy of the document.And can register it.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/index.php/authorcontributor-for-bharatestates-com/
Hi, I am planning to buy a plot in Hinjewadi. What are all the things i should look into before buying a plot in Pune. Please Advice.
Thanks.
Dear Raju,
Please visit the following link for checklist while buying Plot/Land
http://www.bharatestates.com/blog/checklist-while-buying-land-in-pune/
Regards,
Bharatestates Team.
A plot of land was purchased by my father in his name in 1989 at Nande village Mulshi Taluka. The Registration was also done on the day of purchase. However, the Original Sale Deed was never collected from the Registrar’s office till date. Upon my Father’s demise in 1996, I had got the title transferred to my name and my sisters name ( legal heirs since my mother had expired in 1978 itself ). I had got the 7/12 extract also in our names. I am in the process of selling the land. Please advise procedure to be adopted in obtaining the Originally registered Sale deed which I believe is necessary for registering the new sale of the land. PLease also advice the procedure to be adopted if the Original Sale deed is not available in the Registrar’s office also.
@ Jagadeswaran
Sir,
To obtain the the original copy, you make application to the registrar showing the original receipt, and the death certificate of your father and the 7/12 extract .If you face any problem, then I have a person in my office who does such work .If original is missing then you have to apply for the certified copy from the concerned office.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/authorcontributor-for-bharatestates-com/
I made agreement(which is registered in registrar office pune)with 1 of the builder(of developement group)for flat purchased in nov end.Building is not registerd as on date i.e CHS.Now 2days back some guy called me & said that flat has been registered (agreement made)on his name 9 months back & my registration will be void as his is done 1st 8 month back.To my surprise how builder sold me the flat & made leagl registration with photoidentity & then flat keys are with 1 of the builder/promoter who sold me the flat & that person who phoned me is telling that builder from whom i have purchased is now not part of that builder group.I have paid builder 30% money & in these internal builder disputes then how builder has done 2 registration on 1 falt is this cheating with governement also.As mine is registered in registrar office legally.And he (person who called me) is ready to fight legally as he has been alloted the flat 9 months back.This is very bad news for me.Pls guide me for retrival of my money or legal procedure if my registartion is 100% right or is it possible can 2 registration be done on 1 flat.Then who will suffer 1st or last if documented then how to check the 1st person documents.
@ Sameer
Dear sir,
This is really unfortunate .
Who is in possession of the Flat?
Who is the builder?
We need to see your documents and then only I can give you proper advise.
whether the another persons agreement is too registered?
pl ask him to provide the copy.Otherwise we have get the copy.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/authorcontributor-for-bharatestates-com/
Can a person can transfer the flat which is owned by him be transfered on his not lawfully wedded wife nad do the regisration
the lady is not married to the owner of the flat but is leaving with the person as wedded wife illegally and now the Flat owner has transfered the flat on her name and has done the regisration on illegal wife . his lawfully wedded wife is alive and the divorce has not taken place can this regisration and trasfer of the flat be done??
Dear Sir/Mam,
The answer for your legal query is as follows:
If the flat is self acquired property of that person, then he has right to deal with the said flat as per his own wish. But if the flat is on the joint name of wife and husband, them husband alone cannot transfer.
Regards,
Adv. Mrs. Mrudula Prasad Chitale
BA, LLB, LLM
http://www.bharatestates.com/blog/authorcontributor-for-bharatestates-com/
i want to purchase a RESALE flat at TRHERGAON in PCMC area. the area of flat is 652 sqft. (CARPET AREA)
I WOULD LIKE TO KNOW THE RETABLE VALUE AS APR GOVT, NORMS AND STAMP DUTY AND REGISTRATION FEES THEREOF.
Dear sir, madam,
I am purchasing a resale flat in sinhgad road area constructed in year 1994. Gunthewari for the flat is already completed , PMC tax receipt is also available in sellers name, however Index II for the same is not available. I am not applying for any loan hence the party told me it may not be required.Please tell me what may be the problems i may face if i want to resale it to a person applying for loan
Dear Sir/Mam,
The answer for your Legal Query is as follows:
Though you are not applying the loan, it is better to have all title related documents.This helps us at the time when we intent to sell the flat or if want to mortgage the flat and take loan in future for any other purpose.
Index II can be obtained if the seller has original sale deed with him. and if his document is registered recently, then we can get INdex II from the registration office.
Regards,
Adv. Mrs. Mrudula Prasad Chitale
BA, LLB, LLM
http://www.bharatestates.com/blog/authorcontributor-for-bharatestates-com/
For DEED Of apartment, how the registration charges are calculated and who should pay those charges Owner of the Flat or Builder…?
@ Vishal
Dear sir,
The steps of registration is as under
1) Firstly we enter into the agreement with builder- this agreement is registered and entire stamp duty is paid on this.
2) Then the developer register Deed Of Declaration( by which he forms association of Apartment holders.
3) Then deed of apartment is executed. For this stamp duty is 100/- and registration charges are 100/-
Normally builder takes the amount under legal charges at the time of agreement and the charges for this deed Of apatment are included therein.( pl check the clauses in the agreement).
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/authorcontributor-for-bharatestates-com/
I have bought 1000 Sq Ft. flat in Baner and done all the payment as agreed, but now builder is asking me more 35K for DEED of Apartment. Want to know whether these are valid charges and 35k is valid amount for DEED of apartment.
@ Vishal
Sir,
The amount stated is definitely not fair.At the time of registration of our first agreement with the builder, all the stamp duty is already paid and therefore on the Deed Of apartment , we need to pay only Rs 100/- as stamp duty and Rs 100/- as registration fees. Considering all other charges in the registration including professional fees of the lawyer, it should not cost you more than Rs 15,000/-.We have to check in the document too, as sometimes that amount is also included in the total cost .This is nothing but exploitation of the flat purchasers.( Pl do not think that i have my professional interest in this, but I hate such practices of developers). Please ask other flat purchasers too not to hurry and pay the amount. We can certainly save huge amount. Under the Provisions of MAHARASHTRA OWNERSHIP OF FLATS AND APARTMENTS , it is the duty of the builder to execute the Deed Of apartment.you can meet me some time we will solve the issue.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/authorcontributor-for-bharatestates-com/
My father purchased a flat in 1992 & paid the stamp duty, but due to some reason the document could not be registered & he expired in the 2008 leaving behind his wife, 2 sons & a daughter.
How do we get the document registered.
@ Shubhangi
Madam,
I need to see the documents. Document once executed need to be registered within 4 months.Since its not registered for last almost 20 years, we need to find out some other way. Because the penalty for the delay in registration is very high.How much stamp was paid at that relevant time? I need to see whether the flat was purchased from the builder or it was a re-sale flat.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/authorcontributor-for-bharatestates-com/
1) Builder is in possesion of flat
2) The other Guy registration is done 8months back by 1 of partner but our builder(who is also partner in that promoter group)has not done any paper work further for possesion of flat to him as builders are having internal disputes
3)1 of my realtive have went & seen the other guy registration but he didnt get the index 2 no written so we could hsve retrived the document from office.
4) Now main concer is our builder is emphasizing us to take possesion & he he is telling 1 thing he will solve all issues with other partners in coming months
5) Is it advicable to take possetion now when we know that already deal is made on that flat
6) We have given builder some part of deal & have all receipts as well NOC from builder for loan with search report
pls. advice as we want to solve this issue AEAP as the other guy is aware noe deal is made & he has sent legal notice to our builder
@ Sameer
Sir,
1)Pl see whether the Flat you are intending to purchase is shown in the sanctioned Plan.
2)How much amount you have given?
3) we need to see the other persons document.Even if we do not have the registration No and other documents.Still we can get search and can find out the document and can obtain copy.for which you will have to spent around 5000/-
4) after getting the copy, we can decide the next steps.Even if we get the possession, the person who has earlier registration gets the priority and we are not treated as bonafide purchaser.
5) even if we get the possession, the same will end up in litigation which is not advisable.Instead of that know the legal situation first and then decide whether to get the possession or get back the amount paid with interest and compensation.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/authorcontributor-for-bharatestates-com/
Dear Sir/Madam,
Kindly let me know if the property regestration office will be closed on 12th and 16th of April’11. We need to regester our property hence we are requiring this information
I lost my original property registration document of my flat in Pune.I need to get a copy of the original from the registration office.Need your advice
I have lost INDEX 2 of my plot at Bhugaon,
Mulshi Taluka. I have a 7/12 of it. where can
I get a Duplicate Copy of the same?
@ Rajul
Madam,
If you have your original sale deed, then you can get the new Index II done from the registrar’s office (where your sale deed is registered).
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/authorcontributor-for-bharatestates-com/
Why is the rental agreement for Eleven Months only?
Dear sir,
The term 11 months was considered as one term of License in the Bombay Stamp act for the calculation of the stamp to be paid on the agreement.That is why people used to say 11 months. However from 7-5-2005 by an amendment the one term is now defined as ” Twelve Months”. So now we can say 12 months and we can give the property on License basis for 60 months in one agreement.
Thank you.
I really like your web site.There are of problems that are faced by a people in real estate and its good you are solving them.Thank you ! and BEST OF LUCK……….
I understand that to register a sale deed / agreement, an original stamp duty receipt is to be presented before the Registrar. How do I register the doc where the original stamp duty receipt is misplaced?
Appreciate it if you provide some assistance.
Thanking you.
PS: Stamp duty was paid vide adhesive stamps.
@ Apurva
Sir,
Your query is not very clear. What I understood is that you have already paid the stamp duty but you do not have receipt and now you want to get the sale Deed registered , am I right ? You need not have the receipt in all cases. Pl clarify as to when the adhesive stamps are bought.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/authorcontributor-for-bharatestates-com/
My agreement dated 7th december 1985 was registered at the Old Custom House. As our society is proceeding with the Conveyance Deed, I have realised that my document is not come back from the Registrar’s office and I have misplaced the Registration Receipt. Could you please advise me what needs to be done. I have tried contacting the builder’s office but the person in charge there says he is unable to trace our Society file. I am told that the builder will have the original receipt with him on file. I am also told that if the receipt is not found, I will have to pay stampduty on today’s market value as per ready recknoer which is Rs.3,40,000 plus regn Rs.30,000.
Please help me. Thanks Blanche D’Souza
@ Blanche
Sir / Madam,
Pls let me know the name of the builder and the name of the scheme. If you know the date or at least month of the date of the registration,and the registration office then we can take search from the registration office and can find out. Its been a bit difficult task as the record in the office is not properly kept.But its worth taking effort as there is absolutely no need to pay the amount as per todays ready recknor. If you can show the file, I will try my level best to help you.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/authorcontributor-for-bharatestates-com/
Dear Adv. Mrs. Mrudula Prasad Chitale,
Please do let me know of the actual cost of registration of Lease Agreement/Deed, in Pune.
Thank you,
Kavitha.
how do i check property owner in rajgurunar
…
online
if i have land /plot no and other details
…
is it possible ?
if yes plz tell me the web address on
yrocker123@gmail.com
Dear Sir, i have purchased the flat and im the 5th Owner, after registratino i come to know that the first owner’s ORIGINAL REGISTRATION copy is not their with BANK. now can u help to find that how can i get that copy and whithin how many days i can get the First owner’s regsitration PApers from Registraion OFfice.
@ Bharati
Madam,
I have not understood your query. What I understand is this . That you have purchased one flat and you are the fifth owner.And you want thee copies of the documents of the first purchaser? We have to take search and get the copies. Foe that if you have that registration no then we can get it within 10 days.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/authorcontributor-for-bharatestates-com/
Hi,
I want to purchase resale flat in a apartment. I am 3rd buyer. There is no Apartment deed is formed by promoter and apartment owners.
In this case how can i proceed further ?
I want to take housing loan and Bank is asking for Deed of apartment.
please advice.
@ Vikram
Dear Sir,
You need to execute Deed Of assignment with the current owner. As far as the Deed Of apartment is concern, bank may consider if we can obtain the NOC from builder or the query can be sorted out if your lawyer talks with the banks legal advisor and satisfy their need by some alternative document. But sometimes builders take huge amount to give NOC for no reason, so pl avoid that. You can contact me on mrudula_chitale@yahoo.co.in.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/authorcontributor-for-bharatestates-com/
Resp.Madam,
i hd purchased a flat in pune in 1990.I plan to sell it nw, bt hv realised that
I dont hv my registration papers with me.I dont know if i hv misplaced them . what procedure wd i hv to follow to gt another copy? Do advise.
thanks & regards.
Sarita.
@ Sarita
Madam,
If you have registration receipt, then it will be easier to trace the copy ( at the time of registration, we submit one copy at registrars office). But if you do not have that also, then we have to take search of the year 1990 and find the entry and then apply for the certified copy, Index II and other related documents.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/authorcontributor-for-bharatestates-com/
Thanks so mch Maam…shl get in touch in
case i need help again..
Regards
Sarita.
My flat value is 19.2 lakh including VAT 1% and 2.57% service tax.My builder says to pay VAT and service tax.But he is not ready to give receipt for the same paid amount.He says it is still not clear whether to pay or not to pay to government.If it is not paid the amount will be returned.How can I believe him.It is not included in agreement also.Please reply at the earliest to my email ID.
How Much it will Cost to get certified copy, Index II and other related documents. if i have the recipt
@ Abhishek,
Sir,
The cost depends upon how old the document is and its traceability in the govt office.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/authorcontributor-for-bharatestates-com/
Hello Sir/Mam,
Can you please let me know how we make rental agreement and how it is registered. Property is in kaspatevasti, Wakad, Pune and I am going to give it on rent without any help of agent or broker.
Iwant to sell my flat in Koregaon Park Pune,
the original sale deed copy is not traceable with me or society or builder The original receipts of payment are there also allotment letters by builders are there. The zerox papers of the deed are there incomplete Regular receipts of corporation taxes are paid society letter of ownership is there Original share certificate is there What is to be done to carry out the sale of flat
@ Prem
Sir,
Sorry for the delayed reply. Do you have the registration receipt. If you have the receipt or the No of registration then we can get the certified copy from the concerned authority. Though you have all other papers, the agreement is the primary title document and without that no buyer will prefer to take.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/authorcontributor-for-bharatestates-com/
My father-in-law had purchased a flat in the year 1992 & had executed the Agreement to Sale with the builder & was behind the builder to get the same registered , but he did not register the same inspite to taking the registration fees from us.
My father-in-law expired in the year 2008, leaving behind his wife, 2 sons and a married daughter as legal heir.
Please note that the flat has been purchased from the builder only & not a resale one.
Stamp duty of Rs. Rs. 5340 along with the penalty of Rs. 250 was paid in the year 1995 under the amnesty scheme. (copy of the first page of the agreement is enclosed for your ready reference)
Request you to let me know the procedure for getting the agreement registered since the society want to execute the conveyance deed. Please let me know your contact details for doing the needful.
Shubhangi Parab
9881404035
@ Shubhangi
Madam,
Sorry for the delayed reply. I was out of Pune.Who is the builder from whom your father purchased the flat ? I need to see the papers and then only i can guide you.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/authorcontributor-for-bharatestates-com/
How does one convert a residential property to commercial in Pune or PCMC? Or can one just begin using the land commercially and then pay commercial property tax rates?
@ Ramesh,
Sir,
One cannot change the status of residential to commercial by just converting the use. If its a plot then we have to get the NA commercial from the collector. And if its a flat then from the PMC or PCMC.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/authorcontributor-for-bharatestates-com/
Is it possible to construct a home if I buy agricultural land near Sus or Hinjewadi
I have heard in general that the minimum plot size required to construct on agricultural land is one acre.
On a one acre plot you are allowed to build a farm house of up to 150 square metres (1,614 sq.ft.). The house can be only a ground floor structure with a sloping roof. On an agricultural plot larger than two acres, you can build with an FSI of 0.025 subject to a maximum of 400 sq.m. (4,300 sq.ft.). Here ground plus one upper floor is allowed.
Can anyone confirm if that is true?
@ Nitin
Sir,
But you can always get the NA permission from the collector to avaiod the restrictions and can get full benifits of available FSI.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/authorcontributor-for-bharatestates-com/
Hi, I wish to give my flat on rent in Kondwa NIBM Pune, but I want to by pass the broker so can you help me out with what process I need to follow – I already have a tenant ready but I need help with the paper work & registration process etc
@ ADK
Sir,
You need not have lawyer to complete the legal issues. If you have the tenant ready, then give all information to the lawyer and the agreement of Leave And Licence registered. you may note here that it is binding on the owner to get the License agreement registered .And for the owners safety also it is required to be registered.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/authorcontributor-for-bharatestates-com/
I am going to sign a “Sale of Agreement” with one builder in Pune.
As per the Builder, only the Carpet area is to be mentioned & not the Saleable area, in the Agreement … is it true?
I need both the Saleable & Carpet area to be mentioned in the Agreement, as the Quotation was given on the Saleable are, pls Confirm
I want to buy 2 BHK flat in Pune city, please help me with the details of required document for that.
I have a flat in pune that i intend to sell.what is the percentage/amount of stamp duty and registration that has to be paid on the Sale value of the Flat.also what are the transfer charges that have to be borne?
@ Mustafa
Sir,
Registration charges are 1% of market value or agreed consideration whichever is higher but maximum is 30,000/- . Stamp Duty for sale is 5%.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/authorcontributor-for-bharatestates-com/
thank you maam for such a quick reply.if i may ask another query.i own a flat in a society which has not yet become a cooperative society.although i purchased the flat 3 years ago.i still have not received a single demand of property tax from the government.after talking to the builder and the concerned government authorities i have yet not ascertained the cause of this problem.Is the builder responsible for paying this property tax or will i have to pay a penalty.thanking you.
Regards,
Mustafa Khedwala
@ Mustafa
Sir,
I need to see the papers. If the completion certificate of your flat is obtained then you must get the flat accessed. Once the possession is taken, its purchasers responsibility to pay the tax. At least write a letter to PMC and copy to builder.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/authorcontributor-for-bharatestates-com/
I want to check our society registration information. Is there any website to check out the society registration information online?
@ Swapnil
Sir,
You will not get the information on net. You need to contact the office where you have submitted the proposal.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/authorcontributor-for-bharatestates-com/
Dear Mdm,
We did agreement of our property. But we don’t
have the sale deed document.Is it essential ? How much is the fees & what are the documents required? rds
rega
@ Sharvari
Madam,
Your property is a flat or its a land ? If the Apartment association or society is not yet formed then you will have only agreement. Otherwise sale deed is essential being your ultimate title document.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/authorcontributor-for-bharatestates-com/
Dear Mdm
We did agreement of resale flat in Chinchwad ,2 yrs before. But sale deed document is yet to be done. What is the procedure for it? What is
the approximate fees requires for it?
Regards
Sharvari
@ 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/authorcontributor-for-bharatestates-com/
Dear madam,
I have a property in pune , I want to sell the property now. I havn’t paid the municipality tax for 3 years as I was out of station.
How can I get the tax paid and how much time it will take? Do I need to pay in person( I am out of pune now)
what are the other documents required for selling the property( I have the copy of agreement and the original is with the bank)?
How ca I get the transfer letter(NOC) from society ,since I am out of station.
Rajeev
@ 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/authorcontributor-for-bharatestates-com/
Hi.my name is vilas i want more information about the registration process in clear words please tel me.and our place is andhrapradesh.what is the process in andhrapradesh.
I have Index II copy of a land purchased in 1993 at Anjangaon Surji in Amravati district. The Agreement was registered in Pune. Where can I get the Certified Copy of the Agreement in Pune? What are the charges for the same ? Please Advise.
@ 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/authorcontributor-for-bharatestates-com/
Hi,
What are the fees (%) for rural area flat registration and stamp duty ?
@ 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/authorcontributor-for-bharatestates-com/
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
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.
@ 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/authorcontributor-for-bharatestates-com/
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
@ 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/authorcontributor-for-bharatestates-com/
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?
@ Aditya,
Sir,
You need to register the document immediately. Your title is not completed without registering the document.
Thank you.
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?
@ 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/authorcontributor-for-bharatestates-com/
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
@ 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/authorcontributor-for-bharatestates-com/
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
@ 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/authorcontributor-for-bharatestates-com/
@ Chandrakant
Sir,
Yes, it can arrange in your absence. Subject to Registration Receipt
Regards
Adv. Mr. Pankaj Wankhade
B.A. LLB, GDC & A
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
@ 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/authorcontributor-for-bharatestates-com/
@ 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
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
@ 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/authorcontributor-for-bharatestates-com/
@ 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
what document should we have to check after sale deed registration of flat?
@ 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/authorcontributor-for-bharatestates-com/
@ 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
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?
@ 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/authorcontributor-for-bharatestates-com/
@ 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
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
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.
@ 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
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
@ 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
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.
@ 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
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
@ 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/pankaj-m-wankhade-legal-content-contributor
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.
@ 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/pankaj-m-wankhade-legal-content-contributor
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/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
@ 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/pankaj-m-wankhade-legal-content-contributor
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
@ 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/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?
@ 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/mrudula-p-chitale-legal-content-contributor
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/pankaj-m-wankhade-legal-content-contributor
@ 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/mrudula-p-chitale-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.
@ 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/pankaj-m-wankhade-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
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
@ 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/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
@ 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/pankaj-m-wankhade-legal-content-contributor
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 ?
@ 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/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.
@ 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/pankaj-m-wankhade-legal-content-contributor
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!!!
@ 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/pankaj-m-wankhade-legal-content-contributor
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.
@ 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/pankaj-m-wankhade-legal-content-contributor
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 ?
@ 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/pankaj-m-wankhade-legal-content-contributor
Sir,
Gunthewari construction is legal or not ? If yes. Then what things should I consider before start a construction ?
@ 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/pankaj-m-wankhade-legal-content-contributor
Is it possible to purchase property owned by multiple persons like father + son, husband + wife…? What legal steps we have to take while registration?
@ 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/pankaj-m-wankhade-legal-content-contributor
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
@ 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/pankaj-m-wankhade-legal-content-contributor
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
@ 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/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/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?
@ 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/pankaj-m-wankhade-legal-content-contributor
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?
@ 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/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/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
@ 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/pankaj-m-wankhade-legal-content-contributor
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.
@ 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/mrudula-p-chitale-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?
@ 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/mrudula-p-chitale-legal-content-contributor
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.
@ Anshuman
Sir,
Will check if POA can be executed in MAharashtra and let you know.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/mrudula-p-chitale-legal-content-contributor
Sir,
how much it will cost stamp duty and regestration for new falt in new sangvi. flat cost is 20 lack
@ Sandip
Sir,
To check market value first, I need to know the S.No of the property on which the building is constructed.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/mrudula-p-chitale-legal-content-contributor
ref 1)my query @ 72 DT 11-12-11
2)YR reply @ 80 dt 19-12-11
dear sir,
Pl inform the full form of S.D.O
2) In bangalore affidavit is done in presence of notary public only and in presence of any one else
3) Since u have suggested i have to make an affidavit reg nr of legal heirs my late wife has since she has not left any WILL,pl confirm if i can do this at bangalore since i am at banglore or do i have to do it in Pune since property is in PUNE?
RGDS
k vishwanath
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.
@ Rakesh
Sir,
I need to see the copy of the sale deed and Index II so that I can guide you properly.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/mrudula-p-chitale-legal-content-contributor
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
@ Shailesh
Yes.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/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.
@ Farah
Madam,
Need to see the document to give proper advise.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/mrudula-p-chitale-legal-content-contributor
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
@ M N Saraswati
Sir/ Madam,
Wagholi is under rural area, hence stamp duty attracted 4% of the higher value + 1 % registration Charges, and legal charges, there is no processing fees, N.A. Certificate is provided for conversion of use of land that called as Non agriculture certificate, and same is required for change of use, (gunthewari Certificate is not available in your case)
Regards
Adv. Mr. Pankaj Wankhade
B.A. LLB, GDC & A
http://www.bharatestates.com/blog/pankaj-m-wankhade-legal-content-contributor
In your earlier reply u confirmed that conveyance/no conveyance does have impact on stamp duty computation. Need some clarification. Is it true that concession rates do not apply if no conveyance done and the stamp duty would be 5% of the entire consideration?
@ Shailesh
Sir,
Yes, if there is Society or condominium is formed then 25D of Bombay Stamp act is applicable and if there is no society or condominium is formed the stamp duty is of 5% (in case of Society, and no Deed of Conveyance is not executed by Developer but society is formed by getting registration Certificate from Deputy Registrar, in this case even we can get benefit of Article 25 D, same is not have any impact on title of proeperty, but it is necessary to get the Conveyance Deed from the Developer/Builder.
Regards
Adv. Mr. Pankaj Wankhade
B.A. LLB, GDC & A
http://www.bharatestates.com/blog/pankaj-m-wankhade-legal-content-contributor
Need to know the fees for regestration of general POA. I have bought a property in pune and need my father to do further dealing. Sent hin a POA drafted from J&K. How much will be the fees to register the POA??
@ Maya
Madam,
Stamp of Rs.500/- + 100/- of registration charges and advocate fees.
Regards
Adv. Mr. Pankaj Wankhade
B.A. LLB, GDC & A
http://www.bharatestates.com/blog/pankaj-m-wankhade-legal-content-contributor
sir
I want to know what happens if builder register the document in other sub-register office instead of its original sub-register as per the areas covered by govt. rule.
Regards
Umesh
@ Umesh
Sir,
If you are talking about, Pune registration offices, then only it applicable, ….Government is widened the area for registering the document to save the time of public, and there is nothing wrong, registration of documents in any of the 20 offices in Pune.
Regards
Adv. Mr. Pankaj Wankhade
B.A. LLB, GDC & A
http://www.bharatestates.com/blog/pankaj-m-wankhade-legal-content-contributor
Hi,
Can you tell me how to calculate stamp duty & registration charges for piece of land in Kharadi, Pune 14?
@ Sachin
Sir,
For urban area calculation of land is 4 percent stamp duty + 1 percent of registration charges, if the property falls under PMC area then 5 % stamp duty and 1 % registration charges.
Regards
Adv. Mr. Pankaj Wankhade
B.A. LLB, GDC & A
http://www.bharatestates.com/blog/pankaj-m-wankhade-legal-content-contributor
Respeted sir,I m going to purchage land in Woughali area near Diamond water park from a builder. The govt rate will be 300000. kindly let me know the total ammount including stamp duty, regestration fee, couurt fee and advocate charge.And also email that is there any land ownersheep verification web site for PUNE(BOMBAY) Thanks
@ M N Saraswati
Sir,
The concerned website is http://www.igrmaharashtra.gov.in The stamp duty is 5%, expenses- 5,000/-and the professional fees- 5,000/- , registration fee is 1% subject to documents.
Regards
Adv. Mr. Abhijit Deshmukh
http://www.bharatestates.com/blog/abhjit-deshmukh-advocates-legal-content-contributor/
if a notice to the public in local news paper is required to be given by the purchaser, in pune, before affecting a transaction of purchasing a flat? If it mandatory on behalf of the purchaser?If this is required to pass over any ones objection.
Your response in this matter will bring me out of dilemma.
@ Sudhir
Sir,
Public Notice is not a legal provision. And take indemnity of compensation from the sellers in case of defect in title.
Regards
Adv. Mr. Abhijit Deshmukh
http://www.bharatestates.com/blog/index.php/abhjit-deshmukh-advocates-legal-content-contributor/
what is stamp duty and registration charges to buy flats in fursungi grampanchayat areas
@ Pandurang
Sir,
4% of consideration and market value whichever is higher and 1% of value on which stamp duty is paid. (Registration Fee)
Regards
Adv. Mr. Abhijit Deshmukh
http://www.bharatestates.com/blog/index.php/abhjit-deshmukh-advocates-legal-content-contributor/
Original Sale Deed of flat given to Old Custom House Stamp Duty Registeraration Office now the papers are not traceable. Require to sell the property of flat in Koregaon Park Pune. Holding a Share Certificate and Police Complaint, Newspaper AD. Kindly advise further procedures.
After the death of a flat owner, is there a time limit for the transfer of the Katha in the name of a surviving spouse who is also the jt. owner of a flat, but whose name is not in the Katha. Process seems laborious. And is it true that the Katha can have only one name in it, even if it is jointly owned by the spouse and/or children. This is a condominium and not a co-op society in Pune.
@ Pradeep
Sir,
What is Katha? No time limit for transferring name.
Regards
Adv. Mr. Abhijit Deshmukh
http://www.bharatestates.com/blog/abhjit-deshmukh-advocates-legal-content-contributor/
Hi,
I am in process of purchasing a flat for around 42.5lacs in pune. We did sale aggrement and registered it in Registrar office. But the Index 2, which we receipt shows market value 42.5 lacs and aggrement value 36 lacs.
All the aggrement is showing aggrement value 42.5 lacs. Its mistake of sub-registrar office.
Now Registrar is saying that we need to do correct deed. But there is no correction in our deed document. only Index 2 is incorrect.
My question is whether we need to do correction deed or there is another way, we ccan get corrected index 2 document from registrar office.
Thanks
Akshay
@ Akshay
Sir,
Deed of Correction is only the option and remedy thereto.
Regards
Adv. Mr. Abhijit Deshmukh
http://www.bharatestates.com/blog/abhjit-deshmukh-advocates-legal-content-contributor/
Thanks. I guess I spelt “katha” wrong. Katha is also called the Property Card or Kaatha
Sir,
My in lawas has a property in Pune. when the mother in law expired, father in law was owning the property. However due to psycological pressures , he did not put his name in 7/12 or index 2. Now he also died and now all the three legal heirs would like to share this property equally. society has given te NOC. Now what is the procedure to add/change the names on index 2 and City Survey Recordws?
Sir,
Need to see all the documents. To change the name in revenue record, they have standard format of application and affidavit.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/mrudula-p-chitale-legal-content-contributor
Great social work…..Thanks Pankaj,Abhijit,Mrudula.
dear sir
we book a flat in saswad area.lic loan sanction sothat we making deed but lic said after three month that saswad is gramin area so they cannot give loan. can i back by registran fee ?
Madam,
Pl put the question properly.
Sir,
I had purchased a Flat in solapur (Maharastra)in Feb 2011.I had also made registered from the builder, the value of the flat is 8Lacks for which i had given a token of 25K which is mentioned in Registration document..also i had send 2.75 Lac cheque to builder through courier for which i have a proof..i just need to pay him 5Lac but My builder had sent me a Notice to dismiss the Registration for which i had filed a case against him in solapur coart….I wanted to know what are the chances of getting me my Flat..in the Registration there is a clause mention saying you need to purchase the flat in 6months time period..Please suggest.
Sir,
Proper advise can be given only after perusing your agreement. Had builder issued you the notice to pay the remaining amount before cancelling the booking ?
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/mrudula-p-chitale-legal-content-contributor
I have a property with jointly with my 2 brothers as per my fathers will. In that will{registered and legal} few part with every brother, I wish to seperate my part from them so that I can sell or rent it to outer party.what is the requirment of papers.and whether the stampduty is required or not.
Please let me know the full prosess.
15-08-2012
3.10.p.m.
[
Sir,
Pls. clarify what kind of property .Bunglow or land and whether there is any condition as regards the sale in the Will ?
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/mrudula-p-chitale-legal-content-contributor
Respected Advocates & Legaladvisers
Pl. let me can Namuna No 8 of Grampanchayat Tax Register be used as valid legal document to proof ownership right of village house properties. If not pl. state clear reasons with Court Decisions for my use to for the same.
Regards.
Sir,
Pls. note that the revenue record is not conclusive evidence of ownership. You need to show the registered document by which you acquired ownership.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/mrudula-p-chitale-legal-content-contributor
Am planning to go for a rent house at Kalyani nagar. Request to inform me the registration charges for 12 months agreement.
Regards,
Amarnath
Sir,
If you are going to do your agreement registered, it will take near about Rs. 3500/- to Rs. 4000/- & if you just notarized your agreement on a 100 rupee stamp then it will charge Rs. 500/-
Thank you.
We did power of attorney on 08/08/2011 but we dont have xerox copy of it. Can we another copy from sub-Registrar.
We propose to sell a flat in Pune which belonged to my father and now that he is dead belonging to my mother and the 4 brothers and sisters. Our mother being bedridden cannot come for registration also all of us at different locations in India and abroad and so cannot come together for signing and registration. Is it possible to have a POA in the name of one of us? This will be only for signing and not for receiving consideration which will be in the name of my mother. Is this POA required to be registered or just notarization will do? If registration mandatory then can it be done at our house and how?
Sir,
It can be done at home by giving application to the registrar and medical certificate of the mother. Its an expensive. POA is required to be registered.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/mrudula-p-chitale-legal-content-contributor
I want to purchase Plot located at SUS Gao,Pune which comes under Grampanchayat(Agriculture land).Recently PMC published development plan which say no registration can happen.Please guide how to deal with this?
Sir,
I Need to see the 7/12 extract and zone certificate.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/mrudula-p-chitale-legal-content-contributor
I have booked flat in bhosari, Pune. Builder and lawyer is saying that agreement will be prepare on carpet area and he will not mention Built up area in agreement. He is calming this is law and can’t add it.
Please suggest.
Sir,
Stamp duty is required to be paid on Built up area and not carpet. So he need to mention both.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/mrudula-p-chitale-legal-content-contributor
Sir, I have purchased a apartment in baner in March 2010. I have paid Stamp Duty and Registration Fees and the agreement was registered then.The building was under construction at that time. Now I have taken possession of the apartment and paid full amount to builder. The builder has given receipts for the same. When we went for the registration of the sale deal, the registration office refused to register the sale deal old stamp duty rules have changed and we have to wait for a GR to activate the new stamp duty rules. This episode happened in March 2012. We have been waiting since then for the GR. What can we do now to register the sale deal. The builder seems to be in no hurry to register it.Also please tell me the difference between a flat and apartment.
Madam,
Need to see the document and stamp duty paid on the same to give you the proper guidance.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/mrudula-p-chitale-legal-content-contributor
Hello,
I am planning to rent out my flat in wakad and do rental agreement. For agreement where should i go and who can help in documentation. ALso let me know what all documents we need during rental agreement.
Thanks,
Prashant
Sir,
For more details on document required to rent out a property, please visit this article => http://www.bharatestates.com/blog/what-is-a-rental-agreement/
Thank you.
Thankfulness to my father who told me regarding this website, this weblog is
truly remarkable.
I am buying 1 BHk flat in pune. This is resale flat. Original owner bought the flat from builder directly. This is big co. housing society.
The agreement of sale is done. I paid stamp duty and registration fees.
1. IS Sale Deed required for Co. Hsg Society.
2. Bank is giving check for remaining amount without sale deed. So do I need to execute sale deed at all.
3. what is my ownership status now. And how the my name would reflect in Property Tax document and other PMC document.
Sir,
I need to see the contents of Agreement for sale. You may require to execute Deed Of assignment after remaining amount is paid.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/index.php/mrudula-p-chitale-legal-content-contributor
Hi Wanted to know the address of the website from where we can find the number of registrations done especially residential month wise in PMC or PCMC
Sir,
As it is confidential data we think that you need to contact PMC or PCMC office for the actual number.
I have sold a plot in Lohegaon to Mr. X on 26/09/12. As an amount of consideration, he gave me two cheques of Rs. 2 lacs each. One cheque was dated 26/11/12 and other 26/12/12. I was under the impression that both the cheques are dated 26/09/12 and deposited them in Bank. Bank informed me about the status of cheques as post dated and returned those cheques to me by speedpost at DELHI. I have now completely shifted to Delhi. On 26/11/12, i went to local branch of Canara Bank and attempted to deposit the cheque for further clearance. I was informed that there is no balance in the account of Mr. X It is suspected that I have been cheated. Please suggest me options available. I want my money back. Is it possible to file a criminal case against Mr.X and will it be possible for me to follow-up the case by sitting here in Delhi itself. I am working in Distt & Sessions Court in Delhi
How loan amount is calculated? Based on index value(agreement value) or market value(valulation)? Please describe in details.
I purchased flat in Hadapsar.Deed of APARTMENT done by Builder.only deed of Apartment book given to our chairmen & no other documents.Please,I want know adderes Govt.office in Pune Where I can know all the informetion about APARTMENT & other procedural to settle all the problems we had.( society problems are solved by society Registar.Please let me know who can slove problems of APartments?)
Sir,
Deed Of Apartment normally contains all the required history of that property. If you get registration numbers , you can apply to the concern Registration office and obtain the same. Deed Of declaration, sanctioned plan, commencement certificate and completion certificate are some of the iMP documents you must possess.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/index.php/mrudula-p-chitale-legal-content-contributor
Sir,
I am having 1000sqft land and house is constructed on that at year 2001,Now i want to build the first floor on that,So what is is the legal procedure for me to start the construction. Do I need to take any permission from PMC,do i need to prepare the construcion plan for it and pass it before starting of construction. Please guide me about all the legal steps which i need to do before start of the construction.Reply me on my EMAIL ID.
Thanks in Advance.
Sir,
If the property falls in PMC limits, then by appointing architect you should prepare plan of the proposed construction. Get it sanctioned by paying necessary development charges and then start construction as per the said sanctioned plan. And after construction get completion certificate from the PMC.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/index.php/mrudula-p-chitale-legal-content-contributor
I have purchased my flat in 1996. I have paid stamp duty of Rs36,000/-. I pay regular muncipality tax under my name. What is the procedure for index 2 registration and how much is the registratin fee.
Sir,
Maximum registration fees is 30,000/- Index II can be obtained after registration of the SAle Deed.If that is registered, then you will have to show it in the concerned Registrar office and make application for Index II.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/index.php/mrudula-p-chitale-legal-content-contributor
I am buying 1 BHk flat in Pune/Dhanori. This is resale flat. Original owner bought the flat from builder directly post which it was sold to the person from whom I am buying the flat. This is a co. housing society.
The Visar pavati is done and I have paid an advance to the current owner, agreeing to complete the deal by the end of April’13, as I have applied for a bank loan which will take some time for disburstment, below are few doubts that I have.
1. When checked the Index II papers I was not able to find the current owners name on it.
Is that possible? What needs to be done?
2. Do I need any NOC from the socitey, and if yes who pays the socitey charges?
Me or the current owner?
3. What is the process to get the name updated in the Index II document.
4)what are the other steps that I need to be care full while completing the deal?
Sir,
You need to show complete set of documents to the lawyer and take opinion.
Regards
Adv. Mrs. Mrudula Prasad Chitale
BA,LLB, LLM
http://www.bharatestates.com/blog/index.php/mrudula-p-chitale-legal-content-contributor
Land in Grampanchayat Agri-No Dev.zone self acquired by my late brother (unmarried) by proper documentation. He expired recently bequeathing the property to us 2 brothers by a Will(no notary no regn.) and detailing how the sale proceeds of the sale of the property have to be apportioned.Do we need to apply for Probate? Can we go ahead with Public Notice for title clarification before dealing specifically with anyone for sale?
we had bought an office in pune in 1995 but documents are not registered builder had given us possession but since we stay in mumbai we could not go for many days and builder removed our lock and put his own lock on it now he is not willing to come for registration or hand us possession please let us know what we can do in this case
Dear Sir
My father purchased a flat in Pune Camp in 1969. I have a copy of the initial agreement between the builder and my father and his brother for the earnest money paid. My father’s brother later opted out of the transaction and the further installment payments were done by my father. I have no legal papers to prove this, I am not sure if at the time of final payment to builder any additional agreement was registered.
Queries:
1) The flat no in the agreement is different from what we got posession of. This is because of the fact that the builder got sanction for ground and upper floors later on. What document to present in order to prove this fact while doing any flat related transaction in future?
2) As I have no other agreemnt paper this makes the initial agreement copy a sale deed in my case?
3) Will the sub-registrar office have such old documents dating back to 1969 still preserved in some format? I have heard some office have digitally preserved those documents?
4) The agreement document was registered in Havelli II office. As per your list for Pune camp it comes under Havelli 5 office. The offices must have changed over time. Which office should I approach to check if any further papers were registered at all?
Thanks
Prakash
Please tell me if corrections can be made in Index-II??
My address is wrongly mentioned in Index-II document , please guide me the procedure if we can change the same.
Thanks and Regards,
Nikhil Shinde
My father owned a property in PCMC area registered in 1983. He is dead now. Our society is asking for Index II.
1)What is the proceduring for obtaining it?
2)How much would be the cost?
3)Can my mother apply for it?
4)Where can we apply for the Index II.
5)What documents will be required?
HI, I AM STAYING IN MY AUNTS APPARTMENT.
SHE PASSED AWAY, WAS UNMARRIED AHD NO HILDREN, CAN I TRANSFER THIS PROPERTY TO MY NAME, ALSO IF YOU CAN GIVE AN APPOINTMENT TO COME AND MEET YOU AND DISUSS WITH YOU,
MY NAME IS MOHAN DARYANANI AND MY MOBILE NO IS 8007658225.
THANKS.
Hi,
I am planning to buy a flat built in 1995, the owner do not have the Index II for flat and apartment registration, owner did try to search the document at the haveli registration office but the document could not be found there as well. what is the alternative if the document is not available/not found at the registration office? can we have another index II on the original agreement?
thanks in advance
My father has purchased a shop from a builder in 1988 on sale deed but, I have no idea about registration of property in registrar office and also no have any receipt of registration before some times ago society told me to submit original documents of builder and registration but sir I have no knowledge of registration and no of registration and no knowledge of registrar office. Our shop is situated at bhandup west, mumbai – 400078. and i have only property sale document agreement and share certificate from builder. please help me how can I get certify copy of my shop fro registrar office-help me and give legal advice. thanking you.
hello sir,
our forefathers purchased few lands at marol area andheri talluka in mumbai in year 1920 to 1928.
we have the land details written in a diary from our grand father that from whom the lands were purchased at what rate,which page,which column and which register etc…
the lands were registered at kurla sub register kacheri at that period 1920- to 1928.
we dont have the original purchase deed and the records are not available as now old csustom house and at bandra are the only 2 places where the records are and they all say they dont have these documents available with them only remedy wud be try at pune as the last option..
we need to prove our ownership over those lands so guide us where can we get the copy of the land register deeds..we hv all the detils abt those lands..awaiting your valuble reply regards,
truely yours,
rakesh jain 09392360201
email navaratnajewellers@gmail.com
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Can anyone tell me where is Office of Sub Registrar Haveli number 21, 22 and 23 in Pune? This is required to submit the mortgage papers after the sale deed.
Hi , We have completed sale agreement for a resale flat at Pune and now we are planning for Sale Deed/Deed of Assignment.We are paying complete amount on our own (without any loan) whereas sellar/vendor has obtained loan which we have completely paid.
Can you please help me to answer below query –
1. Should we do Sale Deed or Deed of Assignment ?
2. Any sample Sale Deed draft for Resale flat at Pune
3. Any precautions needs to take ?
4. Vendor will be getting all original document from bank as we have already paid loan amount. So what all documents we should take from vendor ? Please provide checklist of documents.
Lastly please help to address above query asap as we are planning Sale deed on coming Sunday.Thanks a ton.
Hi,
I am a 3 rd buyer of a property in Mumbai. In the chain of agreements, the first buyer and builder agreement is missing it was in 1994. There is no registration no. nor any copy, however the share certficate has the First buyers name and also an NOC from the society is there.
2nd Buyer bought the flat in 1997, no registration done then too, however in 2005 he made a deed of declaration and volutarily registered and paid the differential stamp duty. I bought the flat and paid stamp duty n registration charges.
Now i wish to sell the flat, but the Original agreement is missing, what are my options for ensuring a smooth sale? Do I have to make a public notice? I have no reference no. so dont know where to start looking or applying for copies, Will an indemnity bond suffice? is it necessary, to have the agreement if the Share certificate has the original buyers name?
Your advice would be highly appreciated. Regards
Hi,
I am planning to purchase one flat and applied for the home loan as well. However when i got the xerox copies of the legal property documents we found that index2 document was not there. When we asked owner about it then he said that the he owned plot on which they asked builder to build a Apartment and in that apartment they got that flat. Here i am not sure whether index2 is required or not. Bank from where i am getting loan is also asking for the index2. what needs to be done in this case.
Dear all,
I am buying 2BHK flat from builder, but at the time of agreement not looking/aware difference Carpet area,saleable area & terrace.
Actual this is 1BHK in agreement & master blueprint.
so tell me what is the procedure of correction of deed in the agreement?
so there is any extra cost pay to Correction of deed?
Please guide me
Regards
Yogesh Patil
can somebody where are the following addresses..
sub-registrar’s office haveli 21,yugaiy mangal building,opp. gandhi lawn, erandwane,pune.
sub-registrar’s office haveli 23,photo zinco building,near GPO,5,Finance Road,pune
Purchased a flat in Baner. Agreement to sell done in June 2011.Received completion by 31 March 2012. Amendment to Bombay stamp act which has removed the stamp duty of Rs. 7600 for first Rs. 5 lakhs of agreement / market value and replaced it by flat 5% of entire amount has come with effect from 25 April 2012. Want to do conveyance deed. But builder’s person is saying that concerned officer at sub – registrar’s office insisting that we pay the balance stamp duty failing which conveyance deed cannot be done. If completion and greement to sell has been done way before this amendment came into force and does not have a retrospective effect why is the sub registrar forcing us to do so.
Hi
I have purshached a flat and taken loan for the same. Now I have to intimate sub registara office about the loan (The law that has come into effect from 1st April, 2013). What is the time frame with in which I should intimate the sub registrar. What if I could not do it with in the time frame.
Please advice.
Regards
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I and my sister’s husband have bought and registered 2 flats at same floor in same society having same specification and area(same carpet, same sellable, everything is same). but while doing registry the one which i wanted was registered in my sister’s husband name and the other one in my name. Both home have home loan also on them from same hdfc bank. Can registry now be swapped by any means. We have just got the possession of the home. Sale deed is not done as of yet. I want to sell my flat so before selling all this should be cleared.
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JP
Am not belong to farmers community background but, interested to buy an agriculture land and develop them in an effective manner. To buy agri land as per Govt. policy we need to have pahani or previous land records. How to obtain them & where to approach or is there any consultation services.
Please suggest.