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Jay (IT )     12 December 2011

Power of attorney ownership

 

Hello,

We are the joint owners by inheritence of a plot of land purchased about 30 years ago in Delhi by our late father. This plot was part of a field that was plotted and sold to individual buyers by the farmer.

At that time most properties were sold on the basis of a power of attorney. Though we would have preferred to get it registered, we had no choice in the matter, further property registrations for our area being in the unathorised zone was also not an option until recently.

The plot of land has served as our family home where my mother lived and passed away in 2004. Over the years, on that address we have had numerous bills and documents issued to us by the government and other such agencies. These include election id cards, ration cards, passports, property tax bills, electric, phone, water bills etc.

Also this property has been in our family's possession since its purchase and is also now occupied by our family. The property was never rented to anyone at any point in time.

So in summary, we are in possession of the plot with an unregistered power of attorney

We now wish to register the property as per the Supreme Court directive it in our names. I would like to know of the procedure involved, documents needed and the approximate all inclusive expense that we will incur in getting this property registered in our joint names.

Thanking you in advance for your time and input.



 5 Replies

DEVENDRA KUMAR JAIN (ADVOCATE and NOTARY PUBLIC)     12 December 2011

Mr. Jay.

                 To regularise the said GPA sale you have to obtain proper sale deed from the vendor.  Since your father purchased  it long back and if you are not in a position to obtain proper sale deed from vendor you better execute a registered partition deed between the shares.  The information about the expenses can be obtained from the sub-registrar concerned.   You can, for further information,  contact me on my email id "advocatejain@ymail.com"

Jay (IT )     28 February 2012

Thank you for your response, i have checked the documents and found that an agreement to sell also exists along with the GPA.

Further, I have now come to Delhi and have gone and met the sub registrar himself in our area of Delhi.

 

I am now told that a relinquishment deed first will have to be executed and then a partition deed giving equal share in the property to all the brothers will have to be executed and registered along with payment of stamp duty at prevailing circle rates as per government records.
 
I was told a stamp duty of 6% is payable in Delhi on the present value of the land and building. Is this correct?
 
This may be a standard way of proceeding in such matters, are you aware of this process ? Please enlighten me if you can by sharing your experience in such matters.
 
Would anyone here by any chance have formats for the two deeds mentioned above? 
 
Thanking you in advance for your help.

Jay (IT )     28 February 2012

"Would anyone here by any chance have formats for the two deeds mentioned above? " Please disregard the above Q, it has been answered.

Hemant Rawat (Student)     21 March 2012

Hello,

I have purchased a flat in a co-operative society in 2001.

now i want it to convert to freehold. Should my GPA or Agreement to sell be registered??

If not then should i obtain any NOC from registrar?

And if it should be registered then what will be the procedure to be adopted for its registration and also the amount if any to be paid for registration ??

Muktar (self)     31 October 2012

Sir we have a house in delhi , earlier which was on my grandmothers name(power of attorney).

My grand father was passed 20 yrs ago and and my grand mother also passed away last year but before death my grandmother made a registered will in the court before magistrate and also among witnesses to transfer house on my mothers name.

Sir my question is that , now we want to make permanent registery of our house , so is there any problem and if we want to sale our house any issue comes and can some other sibling of my father can claim his share on house.


waiting for reply

 

 

regards.


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