Procedure to register a flat, if landowner are delaying the matter?
Is there any procedure for registering a flat under possession, if both developer / promoter & landowner are delaying the matter indefinitely? Also can such flat be leased on long term basis or sold by any means? Please advise.
First of all please specify who is in possession of flat. The registration process of flat can be only done by the owner of the property who has the original title of flats.
For registration of any instrument, the original document which should be typed/printed on one side only along with two photocopies of the original have to be submitted to the Registering Officer. The copies are required to be photocopied only on one side of the paper and there has to be a butter paper between the two photocopies papers. This is done so as to prevent the typed matter from getting spoilt. The registration procedure also requires the presence of two witnesses and the payment of the appropriate registration fees. On completion of the procedure, a receipt bearing a distinct serial number is issued.
The following requirements are completing the registration are usually stated on the receipt:
a) Market Value of the property;
b) Income-Tax clearance, i.e. NOC. under Section 269 YL (3) issued by the Appropriate Authority constituted under Chapter XX-C of the Income Tax Act, 1961 if the same is applicable;
c) Certificate under section 230-A of the Income Tax Act, 1961 granted to the Transferor by the assessing officer of the Transferor;
d) Urban Land Ceiling declarations of the transferor/s and the transferee/s.
Yes, if the property is duly registered, then the owner of the property can lease the property or even sell it to anyone who he desire.
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