Comments on: Indian Real Estate Laws: Indian Transfer of Property Act & Indian Registration Act http://india-real-estate.org/indian-real-estate-laws-indian-transfer-of-property-act-indian-registration-act/ Everything about Investing in Indian Real Estate Sun, 29 Apr 2012 19:44:26 +0000 hourly 1 http://wordpress.org/?v=3.0 By: Santhosh kumar http://india-real-estate.org/indian-real-estate-laws-indian-transfer-of-property-act-indian-registration-act/#comment-878 Santhosh kumar Wed, 25 Apr 2012 12:12:53 +0000 http://india-real-estate.org/indian-real-estate-laws-indian-transfer-of-property-act-indian-registration-act/#comment-878 Hi, I have a residencial plot (1200sqft) in bangalore. and i am planning to construct a house on it. My question is, what is the maximum allowed area of the house can be built on the plot? e.g. is it legally allowed to construct a house of 2600sqft area in the 1200sqft plot? Thanks, Santhosh Hi,

I have a residencial plot (1200sqft) in bangalore. and i am planning to construct a house on it.

My question is, what is the maximum allowed area of the house can be built on the plot? e.g. is it legally allowed to construct a house of 2600sqft area in the 1200sqft plot?

Thanks,
Santhosh

]]> By: Indian Real Estate Advisor http://india-real-estate.org/indian-real-estate-laws-indian-transfer-of-property-act-indian-registration-act/#comment-871 Indian Real Estate Advisor Thu, 19 Apr 2012 12:13:41 +0000 http://india-real-estate.org/indian-real-estate-laws-indian-transfer-of-property-act-indian-registration-act/#comment-871 Dear Gisela, thanks for asking. An Indian citizen transfer his property via gift deed to a non-Indian, but only for urban/commercial property, not for agri land. Non-Indian nationals can not own agri land in India. Hope this helps. Best Wishes/Shankar Dear Gisela, thanks for asking.
An Indian citizen transfer his property via gift deed to a non-Indian, but only for urban/commercial property, not for agri land. Non-Indian nationals can not own agri land in India. Hope this helps.
Best Wishes/Shankar

]]> By: gisela weidert http://india-real-estate.org/indian-real-estate-laws-indian-transfer-of-property-act-indian-registration-act/#comment-870 gisela weidert Thu, 19 Apr 2012 07:56:49 +0000 http://india-real-estate.org/indian-real-estate-laws-indian-transfer-of-property-act-indian-registration-act/#comment-870 In India, can an Indian citizen transfer his property via gift deed to a non-indian ? In India, can an Indian citizen transfer his property via gift deed to a non-indian ?

]]> By: Naresh Patel http://india-real-estate.org/indian-real-estate-laws-indian-transfer-of-property-act-indian-registration-act/#comment-779 Naresh Patel Sun, 11 Mar 2012 02:40:23 +0000 http://india-real-estate.org/indian-real-estate-laws-indian-transfer-of-property-act-indian-registration-act/#comment-779 Thank you for your help i can give the info you have requested. - How is the property divided between 4? Not divided. - Is it ancestral or earned? ancestral - Is it a property under ‘prakosht’ (apartment or urban construction) or is it a plot or agri land? agriland - Did the two sign an agreement for their part or for all 4 (a criminal act)? 2 signed the agreement with an oral agreement with the buyer that the contract will not be upheld until the other 2 signed. The other 2 sellers that signed received tokens under the condition that if the other 2 sellers(not signed yet) do not sign the tokens would be given back and the agreement nullified. - What is the intent or stay or the prayer of the buyers to the court? The buyers wanted the deal to go through after the 2 sellers that had not signed yet refused to sign. they want the agreement upheld that was written ignoring the oral agreement of getting all necessary signatures. - Why didn’t the sellers refuse or dispute the document rather than allowing it to be admitted as an evidence? possibly bad legal advice - Has any part of registration OR possession transfer happened in registrar office? no - What is the level of court – tehsil / SDM/ local civil? local civil - WHO has possession today? seller Thank you for your help i can give the info you have requested.

- How is the property divided between 4?
Not divided.

- Is it ancestral or earned?
ancestral

- Is it a property under ‘prakosht’ (apartment or urban construction) or is it a plot or agri land?
agriland

- Did the two sign an agreement for their part or for all 4 (a criminal act)?
2 signed the agreement with an oral agreement with the buyer that the contract will not be upheld until the other 2 signed. The other 2 sellers that signed received tokens under the condition that if the other 2 sellers(not signed yet) do not sign the tokens would be given back and the agreement nullified.

- What is the intent or stay or the prayer of the buyers to the court?
The buyers wanted the deal to go through after the 2 sellers that had not signed yet refused to sign. they want the agreement upheld that was written ignoring the oral agreement of getting all necessary signatures.

- Why didn’t the sellers refuse or dispute the document rather than allowing it to be admitted as an evidence?
possibly bad legal advice

- Has any part of registration OR possession transfer happened in registrar office?
no

- What is the level of court – tehsil / SDM/ local civil?
local civil

- WHO has possession today?
seller

]]> By: Indian Real Estate Advisor http://india-real-estate.org/indian-real-estate-laws-indian-transfer-of-property-act-indian-registration-act/#comment-777 Indian Real Estate Advisor Sat, 10 Mar 2012 20:05:51 +0000 http://india-real-estate.org/indian-real-estate-laws-indian-transfer-of-property-act-indian-registration-act/#comment-777 Dear Naresh, following is the reply to your question by Sandeep Saxena, Director of Big India Farms, who has significant experience in land deals and legalities in India, and whose expertise is valued by many investors in India. -------------------------------------------- The details given are very crude and we need more info. But whatever has been given, we can say that: - The signed agreement is just a mutual agreement between 2 sellers and buyers and can be used as a contract between 2 parties. - The above contract has NO significance in land registration act but if "both" parties accept that they entered into a contract, then court will take it as one while even if it is a verbal contract and not written. Logically, why will judge have anything to ask if both parties accept its a contract. - The above document cannot be used to force any land transfer mutually or by administration but can be done so by a court. Prima facie with very limited details , it appears to be a seller fault or lack of legal knowledge, else no court grants stay so easily. Now my questions on details: - How is the property divided between 4? - Is it ancestral or earned? - Is it a property under 'prakosht' (apartment or urban construction) or is it a plot or agri land? - Did the two sign an agreement for their part or for all 4 (a criminal act)? - What is the intent or stay or the prayer of the buyers to the court? - Why didn't the sellers refuse or dispute the document rather than allowing it to be admitted as an evidence? - Has any part of registration OR possession transfer happened in registrar office? - What is the level of court - tehsil / SDM/ local civil? - WHO has possession today? Basically, the document is not valid under the 'property registration act' but can be held valid under 'contract and easement act'. If one of the party disputes that they did not enter into this contract, then they have to file a criminal case against the other for forgery and lying. If they don't dispute it, then they have to question if it was followed as agreed by the other party. If they do neither, then obviously judge has very limited points to debate. Dear Naresh, following is the reply to your question by Sandeep Saxena, Director of Big India Farms, who has significant experience in land deals and legalities in India, and whose expertise is valued by many investors in India.
——————————————–
The details given are very crude and we need more info. But whatever has been given, we can say that:
- The signed agreement is just a mutual agreement between 2 sellers and buyers and can be used as a contract between 2 parties.
- The above contract has NO significance in land registration act but if “both” parties accept that they entered into a contract, then court will take it as one while even if it is a verbal contract and not written. Logically, why will judge have anything to ask if both parties accept its a contract.
- The above document cannot be used to force any land transfer mutually or by administration but can be done so by a court.

Prima facie with very limited details , it appears to be a seller fault or lack of legal knowledge, else no court grants stay so easily.

Now my questions on details:
- How is the property divided between 4?
- Is it ancestral or earned?
- Is it a property under ‘prakosht’ (apartment or urban construction) or is it a plot or agri land?
- Did the two sign an agreement for their part or for all 4 (a criminal act)?
- What is the intent or stay or the prayer of the buyers to the court?
- Why didn’t the sellers refuse or dispute the document rather than allowing it to be admitted as an evidence?
- Has any part of registration OR possession transfer happened in registrar office?
- What is the level of court – tehsil / SDM/ local civil?
- WHO has possession today?

Basically, the document is not valid under the ‘property registration act’ but can be held valid under ‘contract and easement act’. If one of the party disputes that they did not enter into this contract, then they have to file a criminal case against the other for forgery and lying. If they don’t dispute it, then they have to question if it was followed as agreed by the other party. If they do neither, then obviously judge has very limited points to debate.

]]> By: Naresh Patel http://india-real-estate.org/indian-real-estate-laws-indian-transfer-of-property-act-indian-registration-act/#comment-772 Naresh Patel Thu, 08 Mar 2012 02:54:30 +0000 http://india-real-estate.org/indian-real-estate-laws-indian-transfer-of-property-act-indian-registration-act/#comment-772 Hi, we are the seller of the agriculture land in Gujarat, India. There are four title holders on this property. Two of the four title holders signed a sales agreement on a very basic and simple piece of handwritten notebook paper. The paper that it was written on is not registered nor has it any revenue stamps. The buyers of the deal started a private dispute with the title holders over a personal matter before their first payment and since have not payed any payments. The buyers then published a written document in the local newspaper. After that the buyers filed a lawsuit against the title holders. The local district court has ruled in the buyers favor and issued a stay order against the title holders. My question is if the document that the two title holders signed should hold up in court or even be admissible in court as it contains only two of the four total title holders for this property and it was written on a crude piece of paper with no certifications for any legality? Could the Property Registration Act have any affect on this case that has not been applied, and if so what section of the act would apply to this case? Hi, we are the seller of the agriculture land in Gujarat, India. There are four title holders on this property. Two of the four title holders signed a sales agreement on a very basic and simple piece of handwritten notebook paper. The paper that it was written on is not registered nor has it any revenue stamps. The buyers of the deal started a private dispute with the title holders over a personal matter before their first payment and since have not payed any payments. The buyers then published a written document in the local newspaper. After that the buyers filed a lawsuit against the title holders. The local district court has ruled in the buyers favor and issued a stay order against the title holders.

My question is if the document that the two title holders signed should hold up in court or even be admissible in court as it contains only two of the four total title holders for this property and it was written on a crude piece of paper with no certifications for any legality?

Could the Property Registration Act have any affect on this case that has not been applied, and if so what section of the act would apply to this case?

]]> By: Kirti Patel http://india-real-estate.org/indian-real-estate-laws-indian-transfer-of-property-act-indian-registration-act/#comment-746 Kirti Patel Wed, 22 Feb 2012 03:54:00 +0000 http://india-real-estate.org/indian-real-estate-laws-indian-transfer-of-property-act-indian-registration-act/#comment-746 I reside in USA and I own a property in Mumbai, which has been rented. Presently I can not come to India to have the Leave & Licence Agreement registered at the Registrar's Office. I have a a Power of Attorney in Rajkot, Gujrat and he is not able to leave his wife due to her health and come to Mumbai to get the matter registered. Is there any way I can do this through Indian Consulate in USA? The lease is to be renewed on 1 March 2012. Please call me and I will call you back with the numb er you provide me. I reside in USA and I own a property in Mumbai, which has been rented. Presently I can not come to India to have the Leave & Licence Agreement registered at the Registrar’s Office. I have a a Power of Attorney in Rajkot, Gujrat and he is not able to leave his wife due to her health and come to Mumbai to get the matter registered. Is there any way I can do this through Indian Consulate in USA? The lease is to be renewed on 1 March 2012. Please call me and I will call you back with the numb er you provide me.

]]> By: Prashant Chavan http://india-real-estate.org/indian-real-estate-laws-indian-transfer-of-property-act-indian-registration-act/#comment-667 Prashant Chavan Sun, 20 Nov 2011 11:11:38 +0000 http://india-real-estate.org/indian-real-estate-laws-indian-transfer-of-property-act-indian-registration-act/#comment-667 Can a registered Gift Deed in Mumbai, Maharashtra transferring a house property by the wife of the Owner in whose name the property has been transferred after the original Owner's death by the Society, to her minor grandson be revoked by law ? If yes, please cite the relevant case laws for such revocation. Can a registered Gift Deed in Mumbai, Maharashtra transferring a house property by the wife of the Owner in whose name the property has been transferred after the original Owner’s death by the Society, to her minor grandson be revoked by law ? If yes, please cite the relevant case laws for such revocation.

]]> By: lokman dass goyal http://india-real-estate.org/indian-real-estate-laws-indian-transfer-of-property-act-indian-registration-act/#comment-468 lokman dass goyal Tue, 14 Jun 2011 16:31:33 +0000 http://india-real-estate.org/indian-real-estate-laws-indian-transfer-of-property-act-indian-registration-act/#comment-468 thanks for giveing this information to public thanks for giveing this information to public

]]> By: lokman dass goyal http://india-real-estate.org/indian-real-estate-laws-indian-transfer-of-property-act-indian-registration-act/#comment-467 lokman dass goyal Tue, 14 Jun 2011 16:29:47 +0000 http://india-real-estate.org/indian-real-estate-laws-indian-transfer-of-property-act-indian-registration-act/#comment-467 Its very good information post,but it is to sort, realstate Developer information must to bound to give Aparment/house/land whch ever consumer requer/demand and booked by the developer he/she connot refused for allotment .etc. Its very good information post,but it is to sort, realstate Developer information must to bound to give Aparment/house/land whch ever consumer requer/demand and booked by the developer he/she connot refused for allotment .etc.

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