Debasmita Mitra

 DEBASMITA MITRA

 10 Years Exp

 Land and Property Transfer (Show More)

 Kolkata , Council House Street

 View Answers by this Partner (0)

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Information


Overview

"The process of transferring title in India can be quite cumbersome especially if the paperwork is not in order as it will involve several court matters,"

Propertified provides legal services for Non Resident Indians (NRIs.) for transferring their properties. As per legal requirement, a Will is not required to be registered. It can just be written on a plain piece of paper. However, registration makes it a valid document that can be presented in the court.

In the absence of a Will, the heirs would need to obtain a Succession certificate from the court. The heirs will have to submit various documents such as death certificate of the deceased, the birth certificate of the heirs, copy of the ration card, bank statement of the heirs etc. These documents are needed to prove that the heirs are indeed the rightful successors.

Original purchase deed of property and registration documents In case of old properties, the original purchase deed may not be available. In such cases, you would need to procure certified copies of the title deed from the jurisdictional registrar's office.

The Encumbrance Certificate records and reflects all the transactions occurred in respect of an immovable property be it a sale, lease, mortgage, gift, partition, release, etc.

Khata is a record that shows the entry of the property owners details in the records of the Corporation/Municipality. It contains details such as name of property owner, type of property, property taxes paid/ payable etc. It is basically an evidence of who owns and possesses the property concerned.

How is Khata different from the property registration? The registration document shows the purchase or sale of the property from one owner to another with various rights thereon, whereas the Khata shows the annual property taxes paid. Ideally, when registration of a property changes, automatically the Khata should also be changed in the municipal records. Unfortunately, that automatic process does not happen and Khata must be transferred separately.

Transfer of title can be done through mutation of revenue records/ transfer of Khata. Mutation of revenue records means updating the details of new owner of the property in the books of the respective development authority, that is, either the municipal corporation or the village panchayat.

In order to do this, you must submit all the documents mentioned above to the authority.

While the transfer must be effected locally, that is, within India and within the same jurisdiction where the immovable property is situated, it can be executed by an NRI using a Power of Attorney (PoA). For the succession certificate too, the NRI can have someone represent him/her through the PoA.

Transfer of title can be done through mutation of revenue records/ transfer of Khata. Mutation of revenue records means updating the details of new owner of the property in the books of the respective development authority, that is, either the municipal corporation or the village panchayat.

The NRI can issue a PoA in favor of a local representative, authorizing such person to do certain specified and incidental acts/deeds and things. Such PoA should be duly notarized by an attorney in the country of the NRI's residence followed by attestation at the nearest Indian consulate in that country. This must be handled by the NRI in his country of residence.

Next, the PoA needs to be registered in India (via adjudication process) by paying requisite fees/stamp duty to the Department of Stamps and Registration. This can be handled by the PoA holder."


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Name : DEBASMITA MITRA

Law Firm Name : Debasmita Mitra

Country : India

City : Kolkata

State : WEST BENGAL

Practicing Since: 2015

About Your Firm : Specialize in Tenancy and Sale Agreements, Drafting of Sale Deed, Gift Deed, Will and Registration of Sale, Gift and Will

Manpower/Employee Details

Sr Employee Associated Sr Employee Enrollment/Reg.No Sr Employee Enrollment/Reg.State
Ricky Pandey F/1090/864/2012 West Bengal
Jr Employee Associated Jr Employee Enrollment/Reg.No Jr Employee Enrollment/Reg.State
Suchita Sharma F/856/2015 West Bengal

 

  Agreements/Deeds(Bulk) ( Memorandum of Understanding )
  Agreements/Deeds(Bulk) ( Joint Development Agreement )
  Agreements/Deeds(Bulk) ( Agreement of Sale )
  Agreements/Deeds(Bulk) ( Construction Agreement )
  Agreements/Deeds(Bulk) ( Sale Deed )

 Legal & Drafting

  Lease/Rental Agreements ( Room Rental Agreement )
  Affidavits ( General Affidavits )
  Registration Assistance ( Agriculture Land )
  Packages ( Sale Agreement to Registration (Plot/Site) )
  Construction Approvals ( Commercial )
  Agreements/Deeds ( Release Deed )
  Legal Opinion (Written) ( Plots )
  Lease/Rental Agreements ( Office Sharing Agreement )
  Affidavits ( Other Affidavits )
  Registration Assistance ( Commercial Property )
  Packages ( Sale Agreement to Registration (Apartment) )
  Notary & Attestation Services ( Get A Document Notarised )
  Agreements/Deeds ( Partition Deed )
  Legal Opinion (Written) ( Apartment )
  Property & Documents Inspection ( Plot/Site Insepction )
  Lease/Rental Agreements ( Car Parking Agreement )
  Agreements/Deeds ( Agreement of Sale )
  Packages ( Legal Opinion to Registration (Apartment) )
  Notary & Attestation Services ( Gazetted Officer Attestation )
  Agreements/Deeds ( Memorandum of Understanding )
  Legal Opinion (Written) ( Villas )
  Property & Documents Inspection ( House/Apartment Inspection )
  Lease/Rental Agreements ( Settlement Of Rental Agreement )
  Agreements/Deeds ( Construction Agreement )
  Power of Attorneys ( General Power of Attorney )
  Agreements/Deeds ( Joint Development Agreement )
  Legal Opinion (Written) ( Independent House )
  Property & Documents Inspection ( Documents Inspection in Govt Office )
  Lease/Rental Agreements ( Paying Guest Agreement )
  Agreements/Deeds ( Sale deed )
  Power of Attorneys ( Special Power of Attorney )
  Lease/Rental Agreements ( Apartment Rental Agreement )
  Legal Opinion (Written) ( Agriculture Land )
  Property & Documents Inspection ( Documents Inspection in Builder Office )
  Lease/Rental Agreements ( Leave And Licence )
  Agreements/Deeds ( Gift Deed )
  Power of Attorneys ( Revoke/cancel Power of Attorney )
  Lease/Rental Agreements ( House Rental agreement )
  Legal Opinion (Written) ( Commercial Property )
  Property & Documents Inspection ( Fraud & forgery Inspection )
  Lease/Rental Agreements ( Other Lease/Rental Agreements )
  Agreements/Deeds ( Sale Agreement/Deed Review )
  Wills ( Make A will )
  Lease/Rental Agreements ( Commercial Office Rental Agreement )
  Affidavits ( Name & Address Affidavits )
  Registration Assistance ( Plot )
  Procure Revenue Documents ( Mutation )
  Agreements/Deeds ( Construction Agreement Review )
  Wills ( Make A Codicil )
  Lease/Rental Agreements ( Commercial Shop Rental Agreement )
  Affidavits ( Personal Affidavits )
  Registration Assistance ( Apartment )
  Procure Revenue Documents ( Duplicate/Certified copy of sale deed )
  Agreements/Deeds ( Rectification Deed )
  Consultation on Property ( Property Buying )
  Lease/Rental Agreements ( Commercial Lease Agreement )
  Affidavits ( Student Affidavits )
  Registration Assistance ( Villas )
  Procure Revenue Documents ( Certified copy of registered documents )
  Consultation on Property ( Property Selling )
  Agreements/Deeds ( Relinquishment deed )
  Lease/Rental Agreements ( Residential Lease Agreement )
  Affidavits ( Gas Affidavits )
  Registration Assistance ( Independent House )
  Packages ( Legal Opinion to Registration (Plot/Site) )
  Construction Approvals ( Residential )
  Agreements/Deeds ( Mortgage Deed )

 NRI Services

  Succession Certificate ( Succession Certificate )
  Property Search ( Land And Property Search )
  Propert Transfer ( Land and Property Transfer )
  Property Partition ( Partition of Land And Property )
  Landlord Tenant Disputes ( Landlord Tenant Disputes )
  Property Disputes ( Illegal Sale of Land And Property )
  Property Disputes ( Illegal Transfer of Land And Property )
  Property Disputes ( Illegal occupation of Land and Property )

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