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SATYA PAL SINGH (Jt Secretary)     28 October 2015

A notarised residential plot in city

Respected Seniors,

What could be the legal status of a residential plot which is not registered by the Development Authority or Corporation? Whether it can be treated as a residential plot in legal terms when someone has to declare his house or residentila plot for some reason, say for applying in the Housing Board Scheme?














 1 Replies

k.chandrasekharan (advocate)     22 January 2016

Query is lacking in details as to how the plot in question came into possession of the owner and what documents have been provided by the development authority. Also, the word 'notarised' is confusing and not contextual without details of the documents.

Generally, planning authorities allot plots with an allotment letter, demand for payment followed by actual payment by the allottee. Thereafter an agreement of 'lease' is got executed which contains conditions of allotment, like construction of a building within a stipulated time, lease period, lease rent etc. The original of this deed might be 'notarised' or registered as per the regulations of the authority and will be retained by them. Against this, a Possession Certificate would be issued. This is the temporary title deed. With this, after paying lease rent, vacant land tax cess etc., the patta/khata/revenue account extract would be issued either by the authority/municipal body as per local law. With this the documents are complete and eligible for bank loan.

After construction of building and/or compliance with the conditions, if full conveyance (freehold/sale in popular language) is stipulated in the earlier agreement or conditions of allotment, the allottee has to apply to the same authority for execution of such conveyance deed, which, upon due execution and payment of stamp duty and registration charges, as applicable by the state law, should be got registered with the jurisdictional sub registrar. The original will be handed over to the 'allottee' who now becomes owner in law.

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