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madhu mittal (director)     06 January 2012

Whether registration is valid

a plot of land allotted by Jaipur Development Authory on the conditions that it will be used only for residential purpose and it can not be sub-divided. But the plot is sub-divided, in one portion, a shop was made and in another portion is a residence portion. Now shop was sold on another date and registered at Registrar office and residence portion was sold and registered at registrar office on another different date. Whether registrations are legal ones or not.



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 10 Replies

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     06 January 2012

Registrations are legal ones. 

pervez (adviser)     06 January 2012

The transactions / transfer will have to be regularised through JDA. It may impose penalty, if any, as per rules or even dis-allow the transaction /transfers, since the land was allotted for residential purposes only. In such an eventuality, the registration will be irregular ......  You may visit the website of JDA to see the relevant rules and procedure for regularisation, if any.....

RANGA RAO BORRA (Supdt..)     06 January 2012

Rsgistration confirms no Title on the property.

Purpose of registration is only "TO GIVE A NOTICE TO THE WORLD."

YOU GIVE ACOMPLINTE TO J.D.A

Vasudevamudaliar (Lawyer)     07 January 2012

Dear Professional Friends,

 

i have one query, kindly clarify.

 

i am having a flat in Mumbai, but residing in Chennai.  I want to lease out the said property.  Since i am busy with my schedules in Chennai, i want to register a POA in my brothers favour  at Chennai  enabling him to sign the lease agreement in mumbai.  My brother has no Mumbai address but he is having PAN card and address proof of chennai.   some people in mumbai say that i should come down to mumbai to execute the POA. My doubts are

1.   Whether exectuing POA in chennai in favour of my brother in chennai to lease out a property in Mumai  wil be sufficient (he is not having Mumbai address proof).

2.  what is the proceedure for registration of leave and licence agreement through POA, if i  am ouside mumbai and do not have a knwon source in mumbai.

Professional friends  familiar with Mumbai proeprty law matters may kindly help

Best REgards... Lawyer Vasudeva Mudaliar

 

 

madhu mittal (director)     07 January 2012

Respected Sirs,

Thanks for attending my query. Now I further want to know in above conditions, when a plot which is subdivided as above and on leasehold basis and lease is for 99 years to original allottee or seller of remaining residential portion, which was purchased and  got registered at registrar office in above method on 3rd june 2011, whereas the shop was sold by original allotee to some Mr. X  on registry basis and Mr. X did not get it transferred in his own name from JDA, Jaipur and that Mr X sold the shop to the purchaser on 25-02-2009 on registry basis, the purchaser of both the portions of said plot is same person, but did not get transferred these two portion of said plot in Jaipur Development Authority, Jaipur by purchaser till date. The money suit was lodged in court in 2008 agaist the debtor/original allotte/seller of the remainng portion of residential plot. The suit is decreed against JD/seller on 13.05.2011. Under right to information act, JDA vide its letter dated 01-08-2011, informed that the plot is of original allottee/seller. Under execution petition order of attachment was made on 18-08-2011, the plot was attached on 19.12.2011 by Nazir. On 05-01-2011, the purchaser of two portions of same plot appeared in court with facts that she has purchased above plot in abovementioned dates 25-02-2009 and 03-06-2011, so that attachment should be got cancelled. 

Whether without getting it transferred at the Jaipur Development Authority, the purchase of leasehold rights is complete on registry basis and the attachment order in abovementioned conditions should sustain or should be got cancenlled.

madhu mittal (director)     12 January 2012

Respected  sh. shroff and other sirs,

please answer my above query, thanks in advance.

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     15 January 2012

Dear madhu, 

I can's reply now for want of time, bur Regsitration is valid. 

in this corruption age, everything must hv been managed at Jaipur Mun Corp. 

Of u have own interest, of substantial amt, go ahead. 

madhu mittal (director)     15 January 2012

Respected  sh. shroff and other sirs,

please clarify my query,

Whether without getting it transferred at the Jaipur Development Authority, the purchase of leasehold rights is complete on registry basis and the attachment order in abovementioned conditions should sustain or should be got canceled in your opinion.

madhu mittal (director)     31 January 2012

Respected  sh. shroff and other sirs,

please clarify my query,

Whether without getting it transferred at the Jaipur Development Authority, the purchase of leasehold rights is complete on registry basis and the attachment order in abovementioned conditions should sustain or should be got canceled in your opinion.


 

Aman Singh (Law Officer)     12 June 2012

Hi Madhu, Registration is legal but lease without transfer at JDA is not legal.

_______________

property in Jaipur


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