The registration fee for real estate documents is 1% of the value of the property, subject to a maximum of Rs 30,000. According to Section 17 of the Registration Act 1908, all transactions involving the sale of property worth more than 100 people must be registered. This means in the workforce that all transactions must be registered by the sale of real estate, as no real estate can be purchased for only 100 Rs. In addition, all donations of a property as well as the rental are required for a period of more than 12 months. Although the Supreme Court found such transactions to be illegal and could not be recognized as valid by law, it also attempted to distinguish these illegal transactions from actual transactions made in good faith by the parties. In addition, referring to Sections 53A and 54 of the Property Transfer Act and its decisions in Narandas Karsondas/SA Kamtam (2) and Rambhau Namdeo Gajre/Narayan Bapuji Dhotra (3), the Supreme Court held that the transfer of land by sale could only be done by a deed of transport. In the absence of a transport obligation (which must be duly stamped and legally registered), no right, property or interest in real estate can be transferred. The Tribunal also considered the importance of recording documents recording sales or transfer transactions and the need for all states to take steps to reduce wrongdoing and thereby reduce the dissemination of uncovered assets (or dirty money) into society. The Supreme Court therefore found that the sales contract, the GPA and the transmissions do not convey title or generate interest in real estate. The Tribunal quashed the high court of Delhi`s comments in Asha M Jain/Canara Bank (5), as the Supreme Court recognized or accepted that such transfers could be considered to be made transfers. This judgment confirms that a valid transfer of land can only be carried out by a registered will to transport.

As a result, all buyers who have acquired a property and are transferred by sales contract, the GPA must now perfect their property rights by paying stamp duty and the corresponding registration fees. Otherwise, the rights of these purchasers to transfer or transfer the property in the future will be affected. This case also illustrates the views of the various high courts. Powers It has also been indicated that a power of attorney cannot be construed as a transfer instrument with respect to a right, title or interest in a property. On the contrary, the power of attorney is the creation of an agency, the scholar authorizing the fellow to perform the acts mentioned in it on behalf of the donor and which, if carried out, will be binding on the beneficiary, as if it were performed by the beneficiary. However, it was pointed out that a lawyer may exercise promotional power in the exercise of the executed power and transfer the title on behalf of the funder. The petitioner, a limited company based in Haryana, had purchased land by proxy. The owner then attempted to transfer the same property through another power of attorney. This led to the opening of criminal proceedings and a request to the government under the right of access.

In particular cases, where a party to the transaction cannot go to the sub-registry office, the sub-registry may submit each of its officials to the acceptance of the registration documents at that person`s home.

Immobile Property Agreement

  • December 10th, 2020
  • Posted in Uncategorized

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