Property ownership from poa to legal registration
Jay
(Querist) 26 May 2012
This query is : Resolved
In the wake of the Supreme Court judgment given in Oct 2011, all properties hence forth will need full legal registration documents in order to be transacted.
We have a family residence in Delhi which is as yet held on the initial power of Attorney documents as was the norm in the past. This residential plot was purchased in 1982 by our father.
I would like to know the process, time and costs for converting the power of attorney ownership to a fully legal registered ownership.
Since the supreme court decision is being enforced in retrospect, this would be the need for a majority of properties in and around Delhi atleast.
Is there any special provision in the form of a special cell for information or compliance from the government to help the public? It would be in public interest to setup such a service with qualified people to help out the general public.
There is also an agreement for sale(sale deed) from the time of purchase in 1982, however they were not registered in 1982, so they are kuchcha as they say.
Your advice, guidance and help is thanked for in advance.
JP
Adv.R.P.Chugh
(Expert) 26 May 2012
Dear Mr.Jay,
The Suraj Lamp judgment only applies prospectively and transactions already entered into with the help of GPA/Agreement to Sell/Will & Receipt - are intact and convey good title. Converting it to registered instruments would require the seller's active participation - if it can be done then you would have to execute a Sale Deed, and by registering it.
This is not required at all.
You can move the concerned land authorities for mutation on the basis of existing documents only.
Feel free to talk !
Adv.R.P.Chugh
(Expert) 26 May 2012
Dear Mr.Jay,
The Suraj Lamp judgment only applies prospectively and transactions already entered into with the help of GPA/Agreement to Sell/Will & Receipt - are intact and convey good title. Converting it to registered instruments would require the seller's active participation - if it can be done then you would have to execute a Sale Deed, and by registering it.
This is not required at all.
You can move the concerned land authorities for mutation on the basis of existing documents only.
Feel free to talk !
Nadeem Qureshi
(Expert) 26 May 2012
Dear Mr.jay
I agree with Mr. Bharat, for interest of Public you can file a PIL before court.
Feel free to call
Jay
(Querist) 26 May 2012
Dear Adv Chug,
Thank you for your reply.
Please help me understand what you mean by "move the concerned land authorities for mutation on the basis of existing documents only."
At the local sub registrars office one of the document writers told us to get a relinquishment deed and a partition deed made,pay the stamp duty at current rates to get the property registered in our names.
Is that the correct way to go about it. Also is there any other way? Please enlighten me, we only want to do the right thing.
Correct me if I am wrong. As I understand it, since we own the property on the basis of an unregistered power of attorney and an agreement to sell, while also occupying the said premises since its purchase in 1982, in order to sell it now we need to get it registered in our names first.
The seller from whom my father purchased the plot is not reachable now so we cannot register that sale deed now.
Thanks in advance.
R.K Nanda
(Expert) 27 May 2012
No more to add.
Shonee Kapoor
(Expert) 28 May 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
