Divsion of free hold property
AJ Agarwal
(Querist) 26 October 2013
This query is : Resolved
I had taken a Development Authority (KDA) plot/house of 350 sq yds., and have also got it freehold done now, by paying the KDA their requisite charges. Can I freely sell the half-portion of the land 175 sq yds., by didviding it myself ? or do I need to approach some authority to get the division done ??
Devajyoti Barman
(Expert) 26 October 2013
If there is no such restriction by the KDA then you can go ahead alone which is permissible in individual land.
AJ Agarwal
(Querist) 26 October 2013
Mr Burman - I am a bit surprised ! Do you mean that while makinng the whole land FREEHOLD on payment of requisite charges, inspite this the kanpur development authority can STILL put restrictions ? what is the meaning of FREEHOLD then ?
uttamtibrewal@yahoo.com
(Expert) 28 October 2013
dear client.........
Now ur free to sell the property as per you wish ... for any query do rpely back
with regards
Uttam
AJ Agarwal
(Querist) 28 October 2013
Mr. Tibrewal & Mr Burman :
The whole thing is like this : The property (a house) was taken by me from a Development Authrity (Kanpur Dvelopment Authority). I have also got it freehold done by paying requisite charges to KDA, and I have all the papers in my name. But when I am selling it by dividing in 2 portions, I am being told by the buyers, that first I have to approach the court to get it bifurcated. I am puzzled on this issue - if this is really the case, then what is the meaning of FREEHOLD then ? Do I have to approach the courts ? - Regards,
Devajyoti Barman
(Expert) 28 October 2013
FOR mere bifurcation approaching of court is not necessary.
You have to approach the Municipality for giving separate holding No.
AJ Agarwal
(Querist) 28 October 2013
Dear mr Burman : So what you are saying is that even if FREEHOLD, I still have to go to nagar maha palika for bifurcation ? which means I on my own can not sell the FREEHOLD land as part A, part B, (while mentioning the same in the sale registered agreement with size of boundaries ) ??
AJ Agarwal
(Querist) 28 October 2013
Also, please guide what is 'holding no." ? what does it signify ? and how to apply for it ?? thank you
Rajendra K Goyal
(Expert) 01 November 2013
Holding no. is the separate identification no.
The development Authority plots are given under certain restrictions to maintain uniformity. You have to get proper permission to bifurcate it. Freehold does not allow to use the site in any way. Go through the bifurcation policy if any mentioned under allotment and other conditions of the authority.
AJ Agarwal
(Querist) 01 November 2013
so, basically, even if the property/land is now freehold, I can not divide it into 2 portions, and sell a portion. Is it correct ? Then why & what for it is encourged / suggested to get it done freehold ? The property/land could have remained leasehold !! NO advantage has been derived ?
Rajendra K Goyal
(Expert) 02 November 2013
It is not so, you can very well divide it and sell one portion provided allowed under the rules of development authority and proper permission is received.
Freehold is for your ownership subject to conditions applicable. One can not be allowed to run Industry in residential freehold plot if rules do not permit it. If uncontrolled division and construction allowed the systematic developed residential colony would soon turn into a slum.
Freehold and leasehold have their respective plus and minuses.
AJ Agarwal
(Querist) 03 November 2013
All this problem started when after getting my plot freeold done by paying rquisite charges of KDA Kanpur Development Authority, I tried selling half portion of it. The prosective buyer approached KDA to find out whether I could divide & sell, KDA saying that plot is now freehold, just declined any of their role in it, and said one has to approach the courts now for bifurcation
I was hoping that in this learned group of law experts here, I will get the solution as to whom /which competent authority or which court to aproach and how
I am still in dark
Rajat Bindal 09917149977
(Expert) 07 November 2013
Dear Mr. Agarwal,
You need not to approach any court or authority to sell your plot after dividing it. You have absolute right to own it or sell it. However, the rule of land use residential or commercial and rules regarding sanction of map of prospective building will be applicable on you as well as prospective purchaser. No other rule. So be happy.
