Regarding title deed
Pushpa
(Querist) 02 November 2016
This query is : Resolved
Hello all,
I need to obtain the Title Deed for a particular property in Mysore, Karnataka. I was told by the municipal authority it is some percentage of the value of the property. THe property is in Mysore and it comes under MUDA(Mysore Urban Development Authority). I am not sure what is the value of the property as per the government.
It is an empty plot. I was told the cost of obtaining the "Title Deed" will be close to what it costs to register a property. I was shocked to hear that.
Also I was told that if the site has a house built on it then the fees to be paid to sub-registrar office is nil/zero. Why the rules are so different for empty plots and constructed houses is a question to me. Can knowledgeable people please let me know if that MUDA people are telling me is right or not.
Thanks in advance for your inputs, time and help.
Regards
Pushpa
adv.bharat @ PUNE
(Expert) 02 November 2016
Pushpa ji verbal commitment is of no value in eye of Law.
adv.bharat @ PUNE
(Expert) 02 November 2016
Local authority had power to decide the policy matter.
The rate of property can be calculated by ready recknoer rate decided by the authority.
U can consider property registration in benglore on web u will get details.
Pushpa
(Querist) 02 November 2016
Thanks you Advocate Bharatji. I don't know where to check. I don't want to register any property. The property is already in my name mother's name. However I wanted to obtain the title deed for the same as my father has not done it. The property has got transferred from my father's name to my mother's name. So I wanted to obtain the title deed. I don't need to register anything.
Kumar Doab
(Expert) 02 November 2016
You have posted that:
"The property has got transferred from my father's name to my mother's name."
Apparently your father was first allottee, in that case allotment letter must have been supplied by MUDA.
Or your father bought it from someone who was owner prior to your father.IN that case the sale deed must have been registered. If yes the copy of sale deed might have been supplied to MUDA for entry in its records.
Copy of sale deed can be obtained from MUDA,Sub -Registrar's office.
You can check and inquire and obtain the entire chain from MUDA, in person by request to Estate Officer or under RTI and obtain copies under RTI.
How did property devolve from father to mother?
Is your father alive?
Did all other legal heirs sign NOC,relinquishment deed?
If father is not alive then it is case of wither transfer by WILL or inheritance.
Usually for inheritance NO fee is charged.
If plot was not constructed then MUDA may levy 'Non Construction Charges'.
Is your mother alive?
Local counsel specializing in revenue/property/civil matters can guide you further.
Pushpa
(Querist) 02 November 2016
Thank you Kumarji, thanks for the reply.
Property has got transferred from my father to mother through inheritance as there is no Will.
We have all signed on NOC to get the khata transfer done. They didn't ask for any relinquishment deed for khata transfer. They asked couple of documents which we had. While doing khata transfer they asked for Title deed that is when I got to know that it is not there. At that time I had thought it is needed only for houses not empty plots. However they argued it needs to be there. Why they did not answer. Since they did the khata transfer I did not bother to find out.
My father bought it from the original allotee. At that time they were not issuing Title deed for empty plots. Now they have started I believe. These rules are so cryptic you cannot understand, they are not documented. I had filed RTI also, they rejected that.
We were planning to sell that plot. Though we have the original sale deed still some people asked for Title deed, so we thought of getting the same. We did not know there is so much of fee.
I would like to understand what is the purpose of the Title deed. Is it necessary to have it for selling. Kindly let me know.
I am sure the purpose of Title deed is common across India. How to obtain and fee could be different. I just want to understand the purpose of the same, when you have the sale deed with you.
Thanks in advance for your help and advice.
Pushpa
Kumar Doab
(Expert) 02 November 2016
You have posted that:
"My father bought it from the original allotee".
At that time the seller and buyer would have appeared before registering authority and signed on sale deed.At that time prevailing stamp duty should have been paid.
This sale deed at location of property might be being termed as Title Deed.
The rules of Urban Development Authority should be documented and available on website of the authority or in the office.
Local counsel specializing in revenue/property/civil matters can guide and help you further.
Pushpa
(Querist) 03 November 2016
Hello Kumarji,
Thanks a lot for the reply. With reference to rules about the Title deed, it is not available on the MUDA site. That is the reason they are talking like that. Yes the stamp duty has been paid at the time of buying from the original allotee. I did not know that itself is the Title deed. That help me. Thanks a lot for the information.
Regards,
Pushpa
Kumar Doab
(Expert) 03 November 2016
You are welcome.
P. Venu
(Expert) 03 November 2016
The conveyance deed, duly registered, itself constitutes the title deed.
Anyhow, the municipal authorities cannot confer any title or a deed to that effect.
Pushpa
(Querist) 03 November 2016
Venuji,
Thanks a lot for the information. That was very much helpful. This term conveyance deed is a new term that I have heard. I am assuming that it is another term for sale deed which you register in the sub-registrar's office. Thanks again.
Regards,
Pushpa
Rajendra K Goyal
(Expert) 03 November 2016
If you are having sale deed from allotee, it is title deed. If your mother is alive she can gift it to you. You would be having title.
However, it is advisable to get all the documents checked from your lawyer locally.
Pushpa
(Querist) 03 November 2016
Hello Rajendraji,
Thanks for the info. Things are clear to me now. She is very much alive. I don't need to take it from her at this point in time. We will be selling the property. I just wanted clarification on title deed which I have got. Yes I will get it checked from a lawyer. Thanks again.
Pushpa
Kumar Doab
(Expert) 03 November 2016
Usually NOC/NDC is required before sale from Urban Development Authority.
Certainly, it is advisable to get all the documents checked from your lawyer locally.
