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All Your Frequently Asked Legal Property Questions Answered! Select the Question to Get the Answers:
Q 1. How ownership of immovable property is acquired by a person? Q 2. Is it necessary to register in Office of the Sub Registrar to get khata transferred in respect of property acquired by inheritance? Q 3 . Which are the documents requires to be compulsorily registered? Q 4 . How to effect partition of .property? Q 5. When there are two or more heirs, can one or two be made full owners by others taking money in lieu of their share? Q 6. What is a will? Q 7 . Who can execute a will? Q 8. Is it compulsory to register a will? Q 9 . Where can the will be registered? Q 10. Is there any time limit to register a will? Q 11. Can a will be cancelled? Q 12. Can a registered will be rectified or changed? Q 13. Can a will be registered even after death of testator? Q 14. What is the Stamp duty and Registration fee to register a will? Q 15 . Is the certified copy of a registered will available to any body? Q 16 . How to keep contents of a will confidential? Q 17. What is the procedure to obtain the sealed cover containing a will after the death of the depositor? Q 18 . What is the procedure for change of khata of the properties obtained through will? Q 19. What are the duties and liabilities of buyers and sellers while purchasing a property? Q 20 . What are the transactions opposed to public policy? Q 21. Is it necessary to obtain permission for transfer of agricultural land granted under Land Grant Rules or granted occupancy right under Land Reforms Act even after lapse of condition for transfer? Q 22 . What are other restrictions to purchase agricultural land? Q 23. How to get transfer of immovable property? Q 24 . What is the purpose of Registration? Q 25 . What are the effects of non-registration? Q 26. Is there time limit to present a document for registration after it is executed (signed)? Q 27. What is the day today timing for acceptance of deeds for registration in Sub Registry offices? Q28. Can the document presented for registration be withdrawn? Q 29 . Who should be present at the time of registration? Q 30. What is the course, if executing party refuses to appear in Registry Office to admit execution? Q 31. Who can sign as witness to a document?
Q 32. What is meant by Identifying witness of person presenting/executing a document? Q 33 . Who is authorise to write a deed? Q 34 . Is it necessary to register immovable property by Government as inam or granted on darkhast? Q 35. Are there any kind of documents registered without personal appearances of the parties for registration? Q 36. Is it necessary to register deed relating to transfer or assignment of decree relating to immovable property? Q 37. Explain the registration of adoption deed? Q 38. Explain the Power of Attorney? Q 39. Does property get transferred by getting a General Power of Attorney from the person selling it? Can the agent become owner of property? Q 40. Who can execute Power of Attorney? Q 41. When would a General Power of Attorney gets cancelled? Q 42 . What does Irrevocable Power of Attorney mean? Q 43. What is the meaning of a Special Power of Attorney? Q 44 . Is it compulsory to register power of attorney attested in India by Magistrate or notary? Q 45 . Is it compulsory to register General Power of Attorney executed by persons residing out of India and attested by officers of Consulate office of India in that country? Q 46. Is it compulsory to get a Power of Attorney attested by a Sub Registrar if it has already been attested by Magistrate or Notary, under which documents are signed by the agent? Q 47. What is meant by Encumbrance Certificate? Q 48. What is meant by a Nil Encumbrance Certificate? Q 49 . What is the fee for Encumbrance Certificate? Q 50 . How to obtain Certified Copy of registered document? Q 51 . Where can I register my immovable property ?
Q 1. How ownership of immovable property is acquired by a person? Ans. A person may acquire immovable property in any of the following way (i) By inheritance of ancestral property. (ii) Through will. (iii) Acquisition by oneself such as purchase etc. (iv) Through gift, trust, settlement deeds. (v) Grant, sanad / Inam by the Government Through decree of Court. There are two ways of acquisition: 1.By act of parties. Example: Purchase, gift etc. 2. By operation of law Example: Inheritance, decree of Court etc. (for details please see Transfer of Property Act, 1882 (Central Act)) Top
Q 2. Is it necessary to register in Office of the Sub Registrar to get khata transferred in respect of property acquired by inheritance? Ans. Not necessary. After the death of owner of a property his heirs, such as wife, children i.e. male and female, married or unmarried may get the Khata transferred on production of death certificate of the owner with details of property held by him to the following officers. If property is an agricultural land - Tahasildar (See Sec.128 of Karnataka Land Revenue Act, 1964) Offices of Corporation, Municipality, Panchayat or City survey if such office exists. Top Q 3 . Which are the documents requires to be compulsorily registered? Ans . 1. Gift deed of immovable property. 2. Other non-testamentary instruments, which purport or Operate to create, declare, assign, limit or extinguish whether in the present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property; 3. Non testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extension of any such right, title or interest; 4. Leases of immovable property from year or for any term exceeding one year, or reserving a yearly rent; 5. Non testamentary instruments transferring or assigning any decree or order of a court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish whether in the present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property; 6. The documents containing contracts to transfer for consideration, any immovable property for the purpose of section 53A of the Transfer of Property Act, 1882 shall be registered if they have been executed on or after the commencement of the Registration and Other Related Laws (Amendment) Act, 2000 and if such documents are not registered on or after such commencement, then, they shall have no effect for the purposes of the said section 53A Top Q 4 . How to effect partition of .property? Ans. a. If all the parties have share (common right) in the property partition can be effected. If partition is effected through an instrument such instrument must be compulsorily registered. b. Oral partition affected through memorandum submitted to the concerned authorities need not be registered. c. Stamp duty has to be paid in respect any kind of partition whether it is to be compulsorily registered or not. d. Parties to the partition may agree to effect partition of unequal shares. Top Q 5. When there are two or more heirs, can one or two be made full owners by others taking money in lieu of their share? Ans . a) Yes. Any of the co-owners can individually or collectively release his / their right in favour of one or more collectively as the case may be and make him / them full owner. This kind of release can be with or without payment of money. This document is called Release. b) Release can be made not only in case of inherited property but also in case of joint purchase/acquisition. Top
Q 6. What is a will? Ans. A testamentary document by which a person bequeaths his property to be effective on his death is a will. The property will devolve on the person in whose favour it is bequeathed after death of testator. Top Q 7 . Who can execute a will? Ans . a) Any person above the age of 18 years and mentally sound may execute will, but will caused by fraud or coercion or by importunately will not be valid. Therefore a will must be executed voluntarily. b) Parents or guardians cannot execute will on behalf of minors or lunatics. c) Attestation by minimum two witnesses is necessary. d) Scribe (deed writer / advocate) cannot be called witness. Two independent attesting witnesses other than the scribe or necessary. e) Beneficiary under a will should not sign as attesting witness. In order to avoid disputes in implementation of a will, description of property and the beneficiaries should be clearly be written without giving room for any doubt. Top Q 8. Is it compulsory to register a will? Ans . It is not compulsory to register. Executants may register at his option. It is better to register the will. If original is lost a certified copy can be obtained from Sub-Registrar Office. Top Q 9 . Where can the will be registered? Ans. It can be registered in any office of the Sub Registrar in India Top Q 10 Is there any time limit to register a will? Ans . There is no such time limit Top Q 11. Can a will be cancelled? Ans. The testator can cancel his will at anytime during his lifetime. Such cancellation deed requires a Stamp duty of Rs.100-00 Top Q 12 Can a registered will be rectified or changed? Ans If executant of a will wishes to rectify, add to will may do so during his lifetime. This is called codicil. This document does not require stamp duty. Top Q 13. Can a will be registered even after death of testator? Ans. Yes, claiming party under the will have to produce will, records relating to the death of the testator, witness and the scribe before the Sub Registrar. If Sub Registrar is satisfied about the truth and genuineness of the execution of the will, he will register. Top Q 14. What is the Stamp duty and Registration fee to register a will? Ans . There is no Stamp duty on will deed. For registration of will during the life time of the
testator Rs.200-00 Registration fee prescribed. To register the will after the death of the testator Registration fee of Rs.200-00 and enquiry fee of Rs.250-00 is prescribed. Top Q 15 . Is the certified copy of a registered will available to any body? Ans . A certified copy of a registered will is available to the testator only during his lifetime. After his death anybody can obtain after producing proof of death of testator. Top Q 16 . How to keep contents of a will confidential? Ans. Will can be deposited in a sealed cover in office of the District Registrar. A fee of Rs.1000-00 prescribed to deposit will in a sealed cover. Depositor or authorized person (executor) can withdraw the sealed cover containing a will, if desires to do so. A Registration of Rs.200-00 prescribed. Top Q 17. What is the procedure to obtain the sealed cover containing a will after the death of the depositor? Ans . On making an application along with proof of the death of the depositor, District Registrar will open sealed cover in the presence of the applicant and it will be registered. Certified copy will be issued if desired. A fee of Rs.100-00 prescribed to open a sealed cover. Top Q 18 . What is the procedure for change of khata of the properties obtained through will? Ans. After the death of the testator person claiming through the will have to apply to the concerned authorities as explained in question no.2 along with the copy of the will and death proof. Top Q 19. What are the duties and liabilities of buyers and sellers while purchasing a property? Ans. Following is the duties and liabilities of buyers and sellers Before sale liabilities of seller Liabilities of purchaser To inform defects in the property To provide records of right To execute sale deed Payment of consideration To pay of the liabilities on the property Rights Rights of seller Rights of buyer To get rent and profits Right of encumbrance on consideration already paid After completion of sale Liabilities of seller Liabilities of purchaser To hand over possession Liability on accidental or loss to the property Information about right To hand over records of rights after receipt of consideration Duty to pay taxes and liabilities after taking possession of property Rights of seller Rights of buyer If consideration is due encumbrance on property of such dues Incremental value/profit on property Though there are rights and duties the purchaser should carefully examine the following matters;
1) Original documents. 2) How did the seller acquire the property. 3) Encumbrance Certificate of the property for a minimum period of 15 years from Sub Registry Office to know if there are any encumbrances on the property to be purchased. 4) Verify from the concerned court if there are any litigations on the property to be purchased. 5) Verify if there are any litigations, objections in revenue, municipal offices about inheritance or any other matter. 6) If seller is a power of attorney holder, it should be verified from the principal and if such power of attorney is genuine and whether it is still in force. 7) It should be verified whether the transaction is opposed to public policy under Section 22A of the Registration Act, 1908. If so the document will not be registered. 8) If the Property is a granted land to the member of scheduled caste and scheduled tribe, it should be verified if the transaction is in contravention of the terms and conditions of grant and whether permission of the Government is obtained for transfer. Top Q 20 . What are the transactions opposed to public policy? Ans Government has declared the following as opposed to public policy under Section 22A of Registration Act, 1908 namely,(1) (a) Agreement to sell, sale, gift, exchange, mortgage, lease or assignment of land of which the occupancy right has been granted under Chapter III of the Karnataka Land Reforms Act, 1961 in contravention of the restrictions imposed under section 61 of the said act and the rules framed there under. (b) Agreement to sell, sale, gift, exchange or otherwise of any land in excess of the ceiling limit specified in section 63 or 64 of the Karnataka Land Reforms Act, 1961 in contravention of section 74 of the said act and the rules framed there under. (c) Agreement to sell, sale, lease, mortgage with possession or otherwise of any agricultural lands to a person or a family or a joint family who or which has an assured annual income of rupees Two lakhs and above from sources other than agriculture in contravention of section 79-A of the Karnataka Land Reforms Act, 1961 and the rules framed there under. (d) Agreement to sell, sale, lease, mortgage with possession or otherwise of any agricultural land to an educational, religious, charitable institution society, trust, company, association, other body of individuals or a co-operative Society other than the co-operative farming society in contravention of section 79-B of the Karnataka Land Reforms Act, 1961 subject to the exceptions and exemptions provided under section 109 of the said act and the rules framed there under. (e) Agreement to sell, sale, gift, lease, mortgage with possession or otherwise of any agricultural land granted under the Karnataka Land Grant Rules, 1969 subject to restrictions on sale, transfer, and specific use imposed there under as per the provisions of the said Rules. (2) One cannot possess land as owner, tenant or as mortgagee with possession in excess of 10 units. If a family consists of more than five members, such family may hold two units per head not exceeding 20 units. PART A [See Section 2(A)(35-A) Classification of Lands A Class Lands having facilities for assured irrigation from such Government Canals and Government Tanks as are capable of supplying water for growing two crops of paddy or one crop of sugarcane in a year. B Class
(i) Lands having facilities for assured irrigation from such Government Canals and Government Tanks as are capable of supplying water for growing only one crop of paddy in a year. (ii) Lands irrigated by such lift irrigation projects constructed and maintained by the State Government as are capable of supplying water for growing two crops of paddy or one crop of sugarcane in a year. C Class (i) Lands irrigated from any Government sources of irrigation, including lift irrigation projects constructed and maintained by Government other than those coming under A Class and B Class. (ii) Lands on which paddy crop can be raised or areca crop is grown with the help of rain water. (iii) Lands irrigated by lifting water from a river or Government Canal or Government tank where the pumping installation or other device for lifting water is provided and maintained by the land owner. Notes (1) Lands having facilities for irrigation from a Government Source where the system of water supply is suitable for growing only light irrigated crop namely, crops other than paddy and sugarcane shall come under this class. (2) Lands growing irrigated garden crop will come under classes A, B or C as the case may be depending upon the source of irrigation and the system of water supply. D Class Lands classified as dry but not having any irrigation facilities from a Government source. Note.- Lands growing paddy or garden crops not coming under A Class, B Class or C Class shall belong to this class. PART B Formula of determining equivalent extent of different classes One Acre of A Class land having soil classification value above 8 annas = 1.3 acres of A Class land having soil classification value below 8 annas = 1.5 acres of B Class land having soil classification value above 8 annas = 2.0 acres of B Class land having soil classification value below 8 annas = 2.5 acres of C class land having soil classification value above 8 annas = 3.0 acres of C class land having soil classification value below 8 annas = 5.4 acres of D Class land. Top Q 21. Is it necessary to obtain permission for transfer of agricultural land granted under Land Grant Rules or granted occupancy right under Land Reforms Act even after lapse of condition for transfer? Ans. Yes. Application should be submitted to Tahasildar and acknowledgement is obtained. If permission is not granted within 15 days after getting acknowledgement, document can be registered as if permission is granted. Top Q 22 . What are other restrictions to purchase agricultural land? Ans . Lands granted to persons belonging to scheduled caste or scheduled tribe cannot be transferred or purchased without prior permission of the Government. This restriction does not apply to mortgagee in favour of co-operative or scheduled banks and partition among family members 2. Social or Industrial organizations can purchase with the permission of the Government (Refer Sec.109 of Karnataka Land Revenue Act, 1964). Top Q 23. How to get transfer of immovable property?
Ans . a. As explained under Question 3, if value of property under sale, exchange, lease, and mortgage is Rs.100 or more, deed relating to such transaction must be compulsorily registered (Sec.17 of Registration Act 1908). b. Gift deed, must be registered irrespective of the value of the property. c. After the deed is registered `J' slip is sent to Tahasildar in case of agricultural land and city survey office, in case of city non-agricultural property of properties are under city survey. The purchaser should get confirmed whether khatha is transferred through `J' slip. In areas where there is not city survey is not in operation, one has to apply along with copy of the deed to the concerned Corporation/ Municipal/panchyat office to effect transfer of khatha. Top Q 24 . What is the purpose of Registration? Ans. (a) By Registration of transaction of immovable property will become permanent public record. This is a notice to the general public. Those getting transfer of property should verify whether such property has been previously encumbered. (b) According to Transfer of Property Act right, title or interest can be acquired only if the deed is registered. Top Q 25 . What are the effects of non-registration? Ans . If a deed of transfer, which is compulsorily registrable, is not registered it will not be admissible in evidence (Sec.49 of Registration Act 1908) Top Q 26. Is there time limit to present a document for registration after it is executed (signed)? Ans . a. Document may be presented for registration within four months from the date of execution (signature). b. If a document is executed out of India, the period of four months will be counted from the date of its receipt in India. c. After four months document may be presented within another four months with penalty subject to maximum of ten times the registration fees if the District Registrar grants permission. But document may be presented before Sub Registrar within eight months. Thereafter it cannot be accepted for registration. (For details please see Rule 52 of Karnataka Registration Rules, 1965). Top Q 27. What is the day today timing for acceptance of deeds for registration in Sub Registry offices? Ans. Generally deeds are accepted during working hours. Sub Registrar may stop accepting two hours before closing time if he has sufficient work to attend in respect of deeds already received for registration. Provided deeds may be accepted in emergency cases on payment of extra fee of Rs.200 one hour before sunrise and one hour after sunset and on holidays. Top Q28. Can the document presented for registration be withdrawn? Ans . Registering officer may permit withdrawal of the document before completion of registration on written request by the party who presented the document. Fifty percent of the registration fee is refundable. Likewise Stamp duty is also refundable subject to deductions. (Please see question No.19 on stamp duty F.A.Q.)
Top Q 29 . Who should be present at the time of registration? Ans . A deed may be presented for registration either by claiming or executing party but the executant / executants must be present to admit execution (signing) of the deed (Please see Sec.32 of Registration Act 1908). Top Q 30. What is the course, if executing party refuses to appear in Registry Office to admit execution? Ans . a. In such circumstances, registering office will issue notice/ summons to the Executant. If the party does not turn up registering officer will refuse registration. b. Application may be made to the District Registrar on such refusal to the District Registrar who will hold enquiry and decide the case. Rs.250 should be paid for such application. c. One may submit appeal to the Civil Court if District Registrar also refuses to order for registration (For details please see Sec.73, 74, 75, 76 & 77 of Registration Act 1908). Top Q 31. Who can sign as witness to a document? Ans . Any person, above 18 years of age and not a party to the document may sign as witness. Top Q 32. What is meant by Identifying witness of person presenting/executing a document? Ans . In order to identify genuineness of the persons executing the document, signature of identifying witness are obtained. Without such witness, registering officer may refuse registration. Top Q 33 . Who is authorise to write a deed? Ans . Deed may be personally written by the executant or may be drafted by a licensed deed writer or advocate. Top Q 34 . Is it necessary to register immovable property by Government as inam or granted on darkhast? Ans . They are exempted from registration. Khatha is effected on the basis of orders of Government (see Sec.90 of Registration Act 1908). Top Q 35. Are there any kind of documents registered without personal appearances of the parties for registration? Ans . 1. Mortgage deed executed under Improvement Loans etc. 2. Certificate of sale issued by revenue court. 3. Documents executed by farmers in favour of primary co-operative land development bank to obtain loan and loan bonds executed by farmers in favour of banks under Karnataka Agricultural Credit Co-operations and Miscellaneous Provisions Act 1975 are sent under Sec.89 of the Registration Act and they are filed. Top Q 36I.s it necessary to register deed relating to transfer or assignment of decree relating to immovable property?
Ans . If value of the property involved in decree is Rs.100 or more and creates, declares, transfer, limit or extinguish right it should be compulsorily registered (See Sec.17 (e) of Registration Act). Top Q 37. Explain the registration of adoption deed? Ans. Adoption deed maybe executed and registered like any other deed. Stamp duty Rs.45 and registration fee Rs.200 are leviable on it. Top Q 38. Explain the Power of Attorney? Ans . There are two kinds of Power of Attorney. 1. General Power of Attorney (GPA) 2. Special Power of Attorney (SPA) a) General Power of Attorney is executed by a person in favour of another to act on behalf of him generally. It may include management of property, Court matter/litigations, sale of mortgage of property or any other act. b) Special Power of Attorney is executed to do a particular act. Power of Attorney holder is answerable to the principal and liable to give accounts to him. Top Q 39. Does property get transferred by getting a General Power of Attorney from the person selling it? Can the agent become owner of property? Ans . No. It is wrong to say that ownership is transferred by getting General Power of Attorney. Persons purchasing property must get the sale deed registered. This principle applies to other kinds of transactions also. Top Q 40. Who can execute Power of Attorney? Ans . A person who has attained majority may execute power of attorney in favour of another person who has attained majority including family members like brother, sister, father and mother to act on his behalf. If a power of attorney is executed to sell property in favour of relatives other than those mentioned above, 2 percent stamp duty shall be paid on market value of such property. If a power of attorney is executed in favour of developers, Builders of apartment, 4 percent stamp duty shall be paid on market value of such property. (see article 5(f) & 41(a), 41(ea), Schedule to Karnataka Stamp Act 1957). Top Q 41. When would a General Power of Attorney gets cancelled? Ans. a. GPA automatically gets cancelled on the death of Executant. b. Principal (Executant) may cancel it any time. Top Q 42 .What does Irrevocable Power of Attorney mean? Ans. If the Power of attorney is executed for consideration in respect of property it cannot be unilaterally revoked, prejudicial to the interest of the agent (See Sec.202 of Indian Contract Act, 1872). Top Q 43. What is the meaning of a Special Power of Attorney? Ans . (a) Power of Attorney executed by a person in favour of another to act on his behalf for specific purpose is called Special Power of Attorney.
(b) If a person is unable to go over to registry office to present a document executed in his favour or to admit execution of document executed (signed) by him, such power of attorney shall be authenticated or attested by a Sub Registrar. Otherwise they are not acceptable for the purpose of registration. Top Q 44 . Is it compulsory to register power of attorney attested in India by Magistrate or notary? Ans . They need not be registered. But General Power of Attorney containing authority to present or admit execution of a document executed by the principle is not acceptable for such presentation or admission of execution unless they are attested or authenticated by a Sub Registrar. Top Q 45 . Is it compulsory to register General Power of Attorney executed by persons residing out of India and attested by officers of Consulate office of India in that country? Ans. It is not necessary to register. But Stamp duty as per Article 41 shall be paid within 3 months from the date of receipt of the power of attorney in India. Top Q 46. Is it compulsory to get a Power of Attorney attested by a Sub Registrar if it has already been attested by Magistrate or Notary, under which documents are signed by the agent? Ans . Not necessary Top Q 47. What is meant by Encumbrance Certificate? Ans . Encumbrance Certificate is a record showing registered transactions pertaining to a property. If mortgage, sale or any other deeds in respect of a property are registered, encumbrance certificate is issued Form No.15. Click here to download Prescribed application form no.22 to obtain Encumbrance Certificate. Top Q 48. What is meant by a Nil Encumbrance Certificate? Ans . If no deeds of transactions are registered in respect of a property nil encumbrance certificate is issued in Form No.16. If Certificate is issued in this form, it means that there are no registered transactions / liabilities on the property for a given period of time unregistered transactions are not included in this certificate. Click here to download Prescribed application form no.22 to obtain Encumbrance Certificate. Top Q 49 . What is the fee for Encumbrance Certificate? Ans . a. Application fee Rs.5 b. Rs.30 for search of first year and Rs.10 for every subsequent year. Example: To obtain Encumbrance Certificate for 13 years. Application fee Rs.5-00 plus first year Rs.30-00 plus 12 years Rs.120-00 and total Rs.155-00. Top Q 50 . How to obtain Certified Copy of registered document? Ans . 1. Any person may obtain certified copy of registered document relating to immovable property. 2. Certified copy of registered will may be obtained only by the testator only during his
lifetime. Any person may get copy of a will after the death of the testator on production of death certificate. 3. Copies of registered deed of GPA and other documents relating to movables may be obtained by executant / claimant or agent, representative of such person only. Stamp paper of Rs.10 is required to be produced along with the application and copying fee of Rs.3 for every page of Xerox copy or Rs.5 for every 100 words or part thereof is to be paid. Points to be noted by registering public for registration of a document No. Do's Don'ts 1 Meet registering officer directly for your work Do not depend on middlemen for your work 2 Pay the fees required to be paid directly to the registering officer and obtain receipts Do not pay money to the middlemen. 3 Market value of each area is published. Pay stamp duty as per market value Purchase stamp papers from licensed stamp vendors only. Beware of fake stamp papers 4 Verify whether date of delivery of the registered deed is written on the receipt. Keep the receipt securely with you only Don't handover receipt to middlemen. 5 Get information records to be produced for registration in the registry office Don't go for registration without necessary records. 6 Fee for drafting/writing documents are prescribed. Pay accordingly and obtain receipts for it Don't pay without receipt. Do not pay fee for drafting and registration together if demanded. Pay Registration fee directly in the office. 7 Contact higher authorities for any doubts and complaints. Do not conceal your feelings about the officer or staff. Inform the higher authorities. 8 Obtain registered deeds personally or through registered post. Do not depend on middlemen for return of document after registration. 9 Note true market value of property Under valuation is an offence. Top Q 51 . Where can I register my immovable property ? Ans . Documents pertaining to immovable property shall be registered in the Sub-Registrar office in whose jurisdiction the property is situated Or If you have any problem with the Sub-Registrar's office please approach the District Registrar of your district.In Bangalore Urban district still if you have problem in registration you can visit the Office of the Inspector General of Registration where your registration work pertaining to Bangalore Urban district will be attended. Circular Top Source: www.karigr.org
Q1. I want to institute a suit with respect to two properties. One of the properties is situated in the local limits of Delhi and another in Faridabad. Whether I can institute a suit in the courts at Delhi. A. Yes, the suit can be instituted in the courts at Delhi. Since, one of the properties is situated within the jurisdiction of the Delhi Court, in terms of Section 17 of the Code of Civil Procedure, the courts at Delhi will be fully competent to try the suit relating to both the properties. Q2. I am the registered owner of a house and the same stands in my name by virtue of a sale deed executed and registered in my favour. One of my cousin brother is now challenging the ownership of the said house and is stating that the house was purchased benami in my name and he is the actual owner of the same. What should I do in this regard ? A. Your cousin brother cannot challenge your ownership and title in the said property since the same is now specifically barred under the provisions of the Benami Transaction Act. It is only under certain given circumstances that a transaction can be challenged as a benami transaction, but your case does not fall under the said category. As such any challenge made by your cousin brother would be dismissed forthwith and your title is fully secured. Q3. I had leased out my premises under a duly executed contract / lease deed. The lease was made for a period of three years but the same was not executed on a stamp paper nor was registered. One of the terms in a lease mentioned about the payment of house-tax by the tenant during the period of lease. Can I file for recovery of the house-tax from the tenant who has refused to pay the same. A. Since the lease executed by you is for a period of over one year, the same is bound under law to be registered. Since, the said lease deed has not been registered it cannot be looked into and as such the terms regarding payment of property tax cannot be enforce by you in law. The filing of suit by you in the court of law would be meaningless since you will not be able to achieve a desired result. In a pending suit before a court he has entered into a compromise contract with the other party. Q4. One of my friend who is a Muslim wants to gift his property. He has been told that under Muslim Law even an oral gift can be made. Can a Muslim make an oral gift and how the same can be lawfully done ? A. A Mohamdean can gift an immovable property by making an oral gift provided three ingredients are satisfied. These ingredients are (a) there must be a declaration of gift, (b) there must be acceptance of the gift by the donee, and (c) the possession of the property which is the subject-matter of the gift must have been delivered to the done. For the purpose of law, even if actual possession is not given, possession which the property is capable of being given would satisfy the requirement. Unless these three valid requirement s of declaration, acceptance and possession are satisfied, an oral gift under Mohamadean Las is not valid. Q5. My friend mother owned a property along with her son which she sold when the son was a minor. On becoming a major the son challenge the sale and a court decided that the sale was improper. Subsequently the son died and his mother inherited the son's share also since, there was no other legal heir. Now the person to whom the earlier sale was made is asking the mother to give the half share of the son required by her to this person and has filed a suit for the sale. What is the likely outcome of such a
suit ? A. Mother selling property on her behalf as also on behalf of her minor son, minor son on attaining majority challenged the alienation on his behalf successfully and got a decree, but thereafter the son died, his mother inheriting son's share, the vendee cannot succeed to bring home in respect of entire share of son sold the doctrine of feeding the grant of estoppel, for after the suit filed by the son was decreed successfully challenging the sale of his share by her mother the contract originally entered or the sale deed effected did not subsist and the provisions of section 43 could not be attracted to the case. The suit of vendee thus could not succeed in entirety. As far as share of land sold by the mother the vendee would be owner thereof. Q6. My grand father during his life time gifted this properties to various persons, some of whom were living and some were yet to be born. He died immediately after making the Will. What right do the persons who were not born at that time and were born subsequently, have in the property of the grand father. A. It is true that in case of unborn persons the whole of the remaining interest must be transferred. But where a gift is made to a class or serious of persons some of whom are in existence and other are not, the gift is valid with regard to persons who are in existence at the time of death of the testator and invalid as to rest. Q7. I want to enter into a benami transaction. That benami property is to be purchased by me in the name of my son and my unmarried daughter . Is it legally permissible to do so? A. Benami transactions are prohibited under the law. However, you can purchase of benami property for the benefit of your wife or unmarried daughter but not for your son. Q8. I am an NRI. I lost my job in June 1992. I was in Gulf. There I meet with a tragic accident in May 1997, since then I am handicapped and living on my wife's income. While I was in gulf in my own younger brother forged my signature on the fake power of attorney and took a loan from Bank against my house at Delhi, and now he claims that the house belongs to him not only that. As I have small farm and the papers are on my wife's name, he has stolen it from my house, which he claims as his. He has to owe us some good amount of cash which I had sent it to him in 1998 Aug. to buy some property but he has swallowed the amount, how do I fight myself to get my money and my property? A. With regard to the forging of your signatures by your younger brother for creating a fake Power of Attorney and taking a loan from Bank, against your house at Delhi, it is not understood as to on what basis your brother is claiming ownership of the said House. If the loan has been obtained in your name againstcollateral security of the House owned by you, the House can not become the ownership of your brother. You can always challenge the action of the Bank in granting loan without ascertaining the authenticity of the Power of Attorney. There must be other discrepancies also on the part of the Bank in disbursing the loan and in completing other formalities while granting the loan. These need to be checked and appropriate action can be initiated in the court of law against the same. You can further initiate criminal proceedings against your brother (by lodging an FIR) for having committed acts of forgery and cheating etc. In the event of the FIR being registered, the police can also arrest your brother, if primafacie case of forgery is made out. Regarding the Farm House belonging to your wife, if the documents of ownership are registered, a certified copy of the same can be obtained from the office of the Registrar, even if the originals are not available. In any event an FIR must be lodged by you against your brother for stealing of documents. Your brother can not claim ownership of the said Farm House, without any proper documentation in this regard and without showing appropriate consideration having been paid for purchase of the same. Your wife can file a suit for declaration, claiming the ownership / title of the said Farm and in the said litigation you can further seek interim orders restraining your brother from in any manner dealing with the said property till the disposal of the case. With respect to the cash money sent by you to your brother, it would be very difficult for you to prove the said fact, as there would be no
documentary or other proof in this regards. As such the chances of success in the court of law in that regard are very remote. Q9. I want to know about THE DISPLACED PERSONS COMPENSATION AND REHABILITATION ACT OF 1954. A. Here is a brief note on the said Act :Displaced Persons Compensation and Rehabilitation Act, 1954. After the partition of the Country, negotiations were carried out with the Government of Pakistan for more than six years with a view to arrive at an equitable solution of the problem of immovable evacuee property. The Government of India had been of the view that the immovable evacuee properties including agricultural land in India and Pakistan should be exchanged in lump sum on Government to Government basis, whereby the debtor country should pay to the creditor for the difference between the values of such properties in the two countries. The proposals made by the Government of India form time to time were, however, turned down by Pakistan. There was a persistent demand from displaced persons that these properties should be transferred to them on permanent ownership basis. The properties were fast deteriorating and many of them were declared unfit for habitation or had crumbled down. To prevent further deterioration and to facilitate the rehabilitation of displaced persons from West Pakistan, this said Act, namely Displaced Persons Compensation and Rehabilitation Act, 1954 was enacted which provided that the right, little and interest of evacuees in evacuee properties in India would be acquired by Government. It provided that the compensation to be paid to displaced persons will be confined to the utilization of the acquired evacuee property in India as well as any amount realized from Pakistan on account of the difference between the values of evacuee properties in the two countries. The loans so far advanced to displaced persons from West Pakistan, the properties built by the Government for their rehabilitation and provision made till May 1953 for their rehabilitation for the future under the Five Year Plan or otherwise was decided to be utilized for rehabilitation by giving grants. The said Act provided for the payment of rehabilitation grants. The said Act provided for the appointment of Chief Settlement Commissioner, Settlement Commissioners and Settlement officers who were to determine and pay the amount of compensation and rehabilitation grant payable to persons after having verified their claims. Managing officers and managing corporations were entrusted with the custody, management and disposal of the assets in the pool. The Act further provided for the setting up of the Displaced Persons Welfare Corporation for the purpose of providing educational and medical facilities to displaced persons from West Pakistan and rendering assistance to institutions engaged in such activities. The payments due to educational and medical trusts with verified claims were placed at the disposal of the said corporation along with other properties for being utilized for the above mentioned purpose. Q10. I wish to buy a property near my location. Actually this property is built within the same complex. It splits into two portions. One portion belongs to us. And the other belongs to X. The person (X) escapes from the house due to some family and financial problems. The entire family was escaped .The house is now locked for more than 6 months, but the thing is that their relations are here and they are solving this financial problems ( I mean his elder brother (Y) and some big leaders of our caste. X also has some bank loans on behalf of this property it seems. That too nearly 2 lakhs + interest (nearly 3 lakhs). Now what Y says is he wants to sell the property. He gives security and surety on behalf of his brother. He too is a well know person and family friend for us for the past 15 years. The original value of the property is more than 8 lakhs. Now Y decided to sell the land for 5.5 lakhs. What Y says to us is that you take the property and clear some interests in bank and then keep continuing to pay bank. After all the settlements (within a short period only) and the arrival of his brother X he gives all the documents signed and all other formalities will be issued to us. Y also agreed to write all these formalities in a bond paper too. The property is in the name of X wife. So kindly please send me your opinion regarding this and also tell me what to do in this case. It will be quite helpful and grateful to us. This property will be much useful for us. A. As explained by you the property sought to be purchased by you is owned by the wife of X. As such no other person, except the wife of X can sell the said property to you, unless the said person holds a Special Power of Attorney on behalf of that person (preferably duly registered) to sell the same. Y has no power to enter into any kind of Agreement for sale of the said property and as such any document (whether on Bond Paper or otherwise) executed by him would be meaningless and will not transfer any
title to you. There would be no purpose for depositing or paying any amount by you to the Bank on behalf of X, since you will not get any benefit from the same and it will only help X in paying off his debts. It seems that the property is also mortgaged to the Bank against the said loans taken by X and in any case the sale of the same cannot be effected in your favour. It is never advisable in a property transaction to go by your relationship as friends or otherwise and it is always advisable to have clear documentation in this regard. As such we sincerely advise you not to enter into any such transaction in the manner discussed by you. Q11. During society draw, after the allotment if any office bearer requests verbally to change of house from 2nd floor to first floor and is occupying the house since then, more than 10 years. The 2nd floor house is now sold for more than 5-6 times of POA with society clearance. Is the last purchaser in any case get into trouble later on? A. No, the last purchaser would legally get into any trouble, since the last purchaser is a bona fide purchaser for a consideration. Q12. I had booked a flat in my wife's name in the year June 1999. I booked it by paying Rs.50,000/- by way of cheque and Rs.80,000/- by way of Cash towards black. Subsequently the builder gave me a receipt cum allotment letter stating that the flat is booked & I will have to pay him the remaining amount as per the progress of the project else he will have the right to can cell the booking or charge interest on it. I started receiving reminder for paying the balance money but I did not pay up because the project did not take off as promised, therefore I wrote a letter stating that I wish to cancel the booking and the builder pay me back my money, that was in the year 1998 on receiving it he immediately sent me a legal notice stating that I better pay him up and also denied receiving Rs. 80,000/- in cash. Though I did not acknowledge the legal notice. I rushed to him with surprise why he denied having received Rs. 80,000/cash to which he did not wanted the amount to appear on record and he told me that I should got in touch with any of the estate agent and get rid off the flat soon but I could not since the market was slack. Just ten days before I went to him and again reminded him about the facts and pleaded him to repay my amount paid to him to which he denied and said I will have to pay him an interest of Rs.150 per sq. ft. over and above. Moreover I also understand that the flat which I had booked has been already sold to some other party. Can I do recover my money from the builder? A. If the Builder has issued the receipt for the cash or acknowledged the said amount then your amount of Rs.80,000/- is safe beside Rs.50,000/- paid by way of cheque and the cheque along with receipt of Rs.80,000/- is sufficient to prove that the Builder has received a sum of Rs.1,30,000/-. If the Project has not been started or not completed as per the terms of the agreement, the Builder is under obligation to refund the entire amount along with interest on your demand. For that you can file the complaint with the District Consumer Forum of your Area who has the jurisdiction to settle the dispute up to Rs.5,00,000/-. Q13. Our society's land is yet to be conveyed to the Managing Committee of the society by the builder. I would like to know if in such circumstances the managing Committee can increase or revise maintenance charges of the bungalow owners of the society? A. Yes, maintenance charges can be revised or increased from time to time by the Society due to increase in the cost of maintenance. Q14. I have read that in Delhi, Bombay, Chennai and Calcutta many property sales deals are conducted through POWER OF ATTORNEY. Are such transactions legal as it is doubtful if any registration is effected thereby not paying the relevant Stamp Duty/Registration fees under the India Stamp Act and TheRegistration Act. Can such Power of Attorney be revoked by the executant? A. Transaction of property by way of agreement to sell with power of attorney is valid transaction. In such case the purchaser does not get the title but his possession is always protected under Transfer of Property Act. Power of Attorney with consideration is irrevocable. As we have stated above that such
documents does not give title so there is no question of payment of Stamp Duty. Stamp Duty will be charged on the Registration of Proper Sale Deed. Q15. What are the documents required to legally own a house? A. Ownership of a house can be by the following ways : i) By way of allotment by the Development Authorities like DDA, GDA, HUDA and other such authorities. In such cases Allotment letter issued by the authorities is the title document. ii) By way of allotment by Co-operative Group Housing Societies. In such cases Share Certificate would constitute title document. iii) By purchase from a private builder/person. In such cases a Sale/Conveyance/Transfer deed. Deed duly registered on required Stamp Duty would be the legal title document to own a house. Q16. How do I own a house? A. You can own a house in any of the following manner : i) by purchasing from a private person/builder ii) by allotment from the Development Authorities like DDA/GDA/HUDA etc. iii) by becoming a member of any co-operative Group Housing Society. Q17. I have purchased a shop. All money for this shop paid by me. But after the sale deed it come to my knowledge that property already mortgaged by the bank as an equitable mortgage and the loan account of the vender in bank going in very bad condition. So in future bank can take any action to recover the loan. In this procedure bank can sale my shop by auction. Please suggest me what should I do to save my property? A. The law is well settled that in any transaction Buyer has to be beware. If you have purchased the property without seeing and taking original sale deed from the seller then it is your mistake, as ignorance of law is no excuse. The Bank has full right to take over and sell the shop. It is better you pay the amount to the bank and file recovery suit against the Seller. The Sale Deed in your favour may contain the clause that the property is free from all the encumbrances. On that you can also file the criminal complaint of cheating against the Seller. Q18. I had purchased a sfreehold property. After the registration of sale deed, I have come to know that High Court had passed injunction and had retrained the sellers from alienating, selling transferring the property. But the sellers were not aware of such an injunction/restrain. Anyhow, now the sellers are setting the dispute by compromise with the party who has filed the suit against the sellers. After the case in withdrawn/compromised, will I get a good title to the property or will the sale deed in my favour (executed during stay period) become void. I mean to say, does the sale deed become null and void. Or after the objections/stay is removed and disputes settled, it becomes valid and perfect. A. If the dispute is settled and case pending in the High Court is withdrawn as settled, your title is good and you continued to be the owner of the said property with clear title. Q19. If power of attorney papers are given to somebody with the original papers of the land, can it be transferred to that person's name(with whom now the papers lie)? A. Yes, but if the Power of Attorney is Registered under Indian Registration Act.
The owner of the site does not have to get into the nitty gritty of constructing the property, nor has he to arrange for funds for construction. At the same time, the builder gets access to land and does not have to shell out money for purchase of land. Usually, cost of land constitutes a substantial part of the cost of a project, and as such this expense is saved for the builder. The funds of the builder do not get blocked. This is also fast mode of development of property. The builder and the owner of the site develop the site on a joint venture basis. The site owner usually gets between a 30 and 40 percent share, and the balance goes to the builder. The exact percentage depends on the terms of agreement. The site owner has to execute an irrevocable general power of attorney (GPA) in favour of the builder. The GPA should be registered on a stamp paper of appropriate value with the registrar in order to be legally binding on both the parties. The stamp duty payable for this kind of GPA given to the builder under a joint development agreement is Rs 1,000. This may vary from State to State. After this, the parties enter into a joint development agreement. The builder then proceeds with the construction of the flats and getting the necessary approvals. In case there is a breach of contract on the part of the builder, either financially or otherwise, the site owner has a right to revoke the GPA. In case the builder breaches the joint development agreement, the site owner can revoke the power of attorney. The owner needs to take measures to protect the property till the project is completed and handed over to him. Once the plan is approved, the owner should get an allocation agreement done recording the constructed area which comprises his share and the area going to the builder. Once the building is ready and the allocation agreement is done, it is better that a deed of declaration is executed recording the constructed area. This should reflect the area constructed for the site owner under the joint development agreement. Builders usually insist that the owner executes a single sale deed in favour of the prospective buyers identified by them in respect of the undivided share of land. The site owner or his legal heirs will be entitled to dispose off the constructed property delivered to him under the joint development agreement. The owner can retain his share of the built-up area or may sell it off at a later stage.
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