Reigstration of lland issues
anmol taunk
(Querist) 08 June 2014
This query is : Resolved
dear sir
my father purchased(through cheque) 40 acres agriculture land from his brother in 2001 , he has sales deed and registered power of attorney for the same and till date he has not done the registry of land.
now the problem we are facing is that my fathers quota of owning agriculture land already finished...now he wants to do the registry on my name and my sisters name.
At present the registry rate per acre comes to 5 lakh rs / acre so totals comes to 2crore.
IN POWER OF ATTORNEY IT IS MENTIONED THAT HE CAN SELL THE PROPERTY TO ANYONE OR CAN LEASE IT TOO.
CAN HE SELL ME AT 1RS/ ACRE AND I CAN PAY THE STAMP DUTY ?
ME AND MY SIS HAVE TO SHOW 2CRORE AMOUNT IN INCOME TAX RETURNS?
IS THERE ANY OTHER WAY THROUGH WHICH WE CAN DO THE REGISTRATION OF LAND
J K Agrawal
(Expert) 08 June 2014
They are so many ways out. Just like release deed which requires almost no stamp duty. You can enter upon an agreement also depending on so contingent terms that you will be likely owner without being owner.
A mortgage deed and then foreclosure suit is also may be a smart trick.
Please have in touch of smart advocates. They have answer to each and every problem.
Rajendra K Goyal
(Expert) 08 June 2014
In whose favor POA exist, if it is in your fathers name, it would be advised not to register / sell the land to himself on the basis of this POA.
How sale deed and POA both exist?
Whether Your father's brother is alive and ready to co-operate ?
If so, your uncle can directly gift the land in your name.
Sankaranarayanan
(Expert) 08 June 2014
well advised by Sri Agrawal I do agree with him. better to find a local lawyer and do it accordingly
anmol taunk
(Querist) 08 June 2014
dear mr. goyal,
my father has power of attorney that is given to him from his brother,he already has his quota full not niether he can sell himself nor he can do the registry on his name.
* my father's brother is alive and i don't think so that he will co-operate
* sale deed is between my father and his brother ..denoting that his brother has got the money and all details
sale deed is in normal stamp paper, while POA is registered
anmol taunk
(Querist) 08 June 2014
my father has power of attorney that is given to him from his brother,he already has his quota full not niether he can sell himself nor he can do the registry on his name.
* my father's brother is alive and i don't think so that he will co-operate
* sale deed is between my father and his brother ..denoting that his brother has got the money and all details
sale deed is in normal stamp paper, while POA is registered
Rajendra K Goyal
(Expert) 08 June 2014
Your father should register it in your name by paying stamp fee - this is simple procedure.
You can consult some senior local lawyer as advised by expert aggarwal ji.
T. Kalaiselvan, Advocate
(Expert) 11 June 2014
The unregistered sale deed what your father is having in his name is invalid in law. Instead on the basis of POA he can sell the property to his own self and can execute a registered sale unto his own favor by himself in the capacity of POA. If he is no mor eligible to procure/purchase anymore agricultural land in his favor, as POA he can execute a sale deed duly registered in your favor, which of course will attract the necessary stamp duty. In the alternative, your father's brother can revoke the POA and make a registered gift deed in your favor. All other methods of transferring the property in your favor as quoted by an expert above will be an exercise in futile and will always carry a legal issue tag on it for ever.
