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FAQ

General:

1. What are different forms of power of attorney?

Ans. Some of the different forms of power of attorney are :-

Power of attorney to sell a particular property

Power of attorney to recover debts

Power of attorney by a firm

Power of attorney by trustee

General power of attorney to a manager of the estate


2. What is a debutter property?

Ans. A debutter is an endowment much less a trust although it can be created through the medium of trust in which the property vests in the trustees and the deity /God is the beneficiary. Not necessary that debutter be always a registered deed

3. How many floors can be constructed in a residential property?

Ans. Normally residential constructions comprising of the basement, the first floor and the second floor are allowed to be constructed by the Delhi laws. But if the construction is next to a road whose width is more than 80 sq. feet than a third floor is also allowed.

4. Can corporate firm/houses open their offices in residential areas?

Ans. No, the practice of opening offices in residential areas is illegal. But in the usual course of business service based industries are allowed to open their offices in such residential properties. But any complaint by the owners will perforce them to vacate it.

5. If the lease does not contain any clause for escalation of rent then can the lease amount on renewal be escalated?

Ans. There is a provision in the rent control act that rent will increase 10% after every 3 years.

6. What is the meaning of leasehold and freehold properties?

Ans. Leasehold properties 
A property (plot/ built up) in which perpetual leasehold have been granted by the title paramount in favour of the lessee. The title paramount i.e. president of India in these kinds of properties acts through DDA, L & DO. Leasehold properties are not freely transferable . depending upon the covenants pf. the lease deed prior permission of the lessor (DDA/LDO) is required to transfer the property. One is required to pay charges such as 50 & of the unearned increase and conveyance.

Freehold properties
A property where title paramount has conveyed the property in favour of the purchaser by conveyance/ sale deed with no restriction on the right of the holder of the property to further transfer the property. Record of ownership of the freehold property can be ascertained from the office of the sub-registrar. It can be transferred by registration of sale deed. 


7. What are the benefits of getting a leasehold property converted to a freehold property?

Ans. The benefits are - 
1) one can become a full-fledged owner only by getting the sale deed of the property after getting it registered
2) it has got better marketability 
3) the property can be sold, mortgaged or kept for standing security.

8. What % of the plot has to be kept aside for as back space and front space?

Ans. The % area set aside for construction purposes differs with the size of the plot. In case of a 400 sq. yard plot the area is 40% the distribution being 20% for the back space and 20% for the front. In case of a 1000 sq. yard area the area set aside is 60% for the back and the front spaces.

9. How can gift of immovable property be made?

Ans. A gift of immovable property must be made by registered deed irrespective of its value. It should be attested by two persons.

Buying:

1. What are the property documents required to get a freehold residential or flat?

Ans. The documents required are:

Copy of registered sale / conveyance deed through which the seller got the title

Photo-copies of all earlier sale deed

Agreement to sell

Receipt of payments made to seller

Copy of approved plan of construction

Title search report

2. Are deals based on registered power of attorney/ registered will/ original allotment letter/agreement to sell/ change of address legally safe

Ans. Yes, such deals are considered legally safe.

3. In case a property is held in the name of a company, what are the important aspects which one should verify before purchasing such property.

Ans. Before purchasing the property, he should verify from the Registrar of Companies that the property is not mortgaged or otherwise collateral security against any loan etc.

4. We purchased an office accommodation in commercial complex at Vikaspuri. The building is constructed by a builder on a plot purchased in auction from DDA. The builder has sold us on a sale agreement without indicating whether property is free hold or lease hold. We paid property tax to MCD and got mutation in our favour. We wish to get it registered for raising bank loans or securing bank gurantee. Please guide to which office/authority should we contact. Also presence or consent of the builder will be necessary for the purpose of registration.

Ans. As far as office accommodation purchased in Vikaspuri without the indication whether it is free hold or lease hold is concerned. It is correct that you have paid the mutation charges i.e I think 5% of the purchase price. You can only get it registered if you have got General Power of Attorney having powers to getting the property registered and more so if the property is free hold. If the property is lease hold then without getting the permission of DDA, you can not get it registered. The consent of the builder is necessary if you have not got the General registered Power of Attorney with full powers of doing all the acts as the builder has done personally.

Renting:

1. What is a lease?

Ans. Lease is a contract between the lessor and the lessee for possession and enjoyment of the profits of the land on one side and recompense by rent or other consideration on the other.

2. How can lease agreement be created?

Ans. Lease agreement of an immovable property can be created by two methods- 
1) registered instrument in cases where the lease is from year to year or exceeding one year rent or reserving yearly rent. In such cases the instrument must be executed by both the lessor and the lessee. 
2) oral agreement followed by delivery of possession in other cases.

Taxation:

1. What are the distinct advantages of holding a property in the name of a company rather than an individual?

Ans. The advantage is that you can transfer the property along with the company without any payment duty or securing any Income Tax Clearance Certificate under 34-A and 37-I.

2. What could be the additional formalities/ complications for holding properties in the name of a company?

Ans. If there is any income from the property, Income Tax is more than what an individual has to pay.

3. Is there a saving in the cost of registration or transfer of such propertyin case the same is held in company's name?

Ans. In case of transfer of property held by a company, cost of registration normally is borne by the buyer.

Transfer:

1. There is a small plot of land registered in my wife's name who has expired. I would like to know the procedure for mutation/transfer in my name. Is a will necessary? There is no registered will , but a plain paper document in my favour. Would a indemnity bond, affidavit from me suffice to effect sale/transfer.

Ans.You say there is no registered Will but there is a plain paper document in your favour. If the testator signs that paper in presence of two witnesses, then it is a valid Will. On the basis of this, you can take the probate from the Court and then sale/transfer is legal. For your kind information I may add that it is not necessary that the Will may be on the stamp paper and registered document. It can be on a plain paper also and the requisite condition is that the testator making the Will in presence of two witnesses should sign it.

2. My father made a will which was duely registered at the registrar's office. In the will he has given me (his Daughter), one floor of his house.After his death I got mutation (in MCD) in my name. It is a freehold property. Will you please tell me how can I get this parrt of the property registered in my name. It is a free hold property and it is self made property.

Ans. It is presumed that you must have completed all the formalities of MCD before getting the mutation done in your favour. You can get it registered in your name on the basis of Will by paying registration charges and completing formalities as prescribed by the office of Sub-Registrar.