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sethu   28 September 2018

Regarding sale on power of attorney

I have purchased a dda flat on power of attorney 17 years ago. I am the 6th hand. now while applying for regularising stamp duty it is seen that in  the sale deeed of first to second person, the amount of sale has been left blank. same with receipt also. Now SDM is asking me to produce the transferee. This transfer took place in 1991. He is not returning the original papers also. what to do? I need advise.



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manoj

manoj   29 September 2018

when once sale is executed through Regd. deed by GPA's , it is not necessary to produce the principal or agent, he have to verify only documents and he can ask any objections.
sethu

sethu   29 September 2018

But the sale/purchase was through POA
sethu

sethu   29 September 2018

But the sale/purchase was through POA
Shashikant V. Patil

Shashikant V. Patil (Lawyer)     29 September 2018

How could all the transactions executed without paying stamp duty? once all the transferee have paid their purchase considerations to the sellers , the sale deeds could have affixed with requisite stamp duty. Why now it arises now ?  Check all documents properly inSRO office.

SANJEEV SRIVASTAVA

SANJEEV SRIVASTAVA (LAWYER)     29 September 2018

In delhi, I think there is a order that the property holding GPA registered prior to 92 can apply for Transfer of name in property. please check
N.K.Assumi

N.K.Assumi (Advocate)     30 September 2018

Supreme Court has made it very clear that conveyance of immovable property cannot be made by POA. 

manoj

manoj   30 September 2018

Supreme Court clarified when GPA's are valid, The Law is clearly clarified in Suraj Lamps Judgments in the year 2012.
N.K.Assumi

N.K.Assumi (Advocate)     30 September 2018

Manoj Sir, thanks for reminding me the citation.

subhash chander verma

subhash chander verma (1)     30 September 2018

Dear, you need to get the flat converted from lease hold to free hold by completing the paper work for the said purpose. DDA mainly conceded with the Agreement to sell in your favour. It is time consuming but sure way to get property free from all encumbrances. SDM has no role in the whole process.
subhash chander verma

subhash chander verma (1)     30 September 2018

Dear, you need to get the flat converted from lease hold to free hold by completing the paper work for the said purpose. DDA mainly conceded with the Agreement to sell in your favour. It is time consuming but sure way to get property free from all encumbrances. SDM has no role in the whole process.
subhash chander verma

subhash chander verma (1)     30 September 2018

Dear, you need to get the flat converted from lease hold to free hold by completing the paper work for the said purpose. DDA mainly conceded with the Agreement to sell in your favour. It is time consuming but sure way to get property free from all encumbrances. SDM has no role in the whole process.
subhash chander verma

subhash chander verma (1)     30 September 2018

Dear, you need to get the flat converted from lease hold to free hold by completing the paper work for the said purpose. DDA mainly conceded with the Agreement to sell in your favour. It is time consuming but sure way to get property free from all encumbrances. SDM has no role in the whole process.
subhash chander verma

subhash chander verma (1)     30 September 2018

Dear, you need to get the flat converted from lease hold to free hold by completing the paper work for the said purpose. DDA mainly conceded with the Agreement to sell in your favour. It is time consuming but sure way to get property free from all encumbrances. SDM has no role in the whole process.
sethu

sethu   30 September 2018

Dda job is 90% completed. But have regularize stamp duty on purchases after 2002. So had to go to sdm as he is the collector of stamp duty

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