rozario john

Rozario John

27 Years Exp

Land and Property Transfer (Show More)

Pune , Dhanori

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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 : Rozario John

Law Firm Name : rozario john

Country : India

City : Pune

State : MAHARASHTRA

Practicing Since: 1998

About Your Firm : I am dealing exclusively with conveyancing of property and providing end to end solution to ensure safe transfer of property takes place in the best possible manner

Manpower/Employee Details

Sr Employee Associated	Sr Employee Enrollment/Reg.No	Sr Employee Enrollment/Reg.State
Rozario John	MAH/927/1998	The Bar Council of Maharashtra and Goa
Jr Employee Associated	Jr Employee Enrollment/Reg.No	Jr Employee Enrollment/Reg.State

Legal Opinion/Title Certification ( Apartment/Builder Floor )

Legal Opinion/Title Certification ( Residential Layout )

Legal Opinion/Title Certification ( Villa Project )

Legal Opinion/Title Certification ( Commercial complex )

Power of Attorneys ( Drafting General Power of Attorney )

Power of Attorneys ( Drafting Special Power of Attorney )

Forming Owners Associations/Societies ( Apartments )

Packages ( Apartment/Builder Floor )

Forming Owners Associations/Societies ( Layouts )

Packages ( Residential Layout )

Packages ( Villa Project )

Packages ( Commercial complex )

Legal & Drafting

Packages ( Sale Agreement to Registration (Plot/Site) )

Property & Documents Inspection ( Documents Inspection in Builder Office )

Agreements/Deeds ( Construction Agreement Review )

Lease/Rental Agreements ( Commercial Office Rental Agreement )

Legal Opinion (Written) ( Agriculture Land )

Packages ( Sale Agreement to Registration (Apartment) )

Registration Assistance ( Plot )

Agreements/Deeds ( Rectification Deed )

Lease/Rental Agreements ( Commercial Shop Rental Agreement )

Legal Opinion (Written) ( Commercial Property )

Packages ( Legal Opinion to Registration (Apartment) )

Registration Assistance ( Apartment )

Agreements/Deeds ( Relinquishment deed )

Lease/Rental Agreements ( Commercial Lease Agreement )

Legal Opinion (Written) ( Revenue/Other Site )

Power of Attorneys ( General Power of Attorney )

Registration Assistance ( Villas )

Agreements/Deeds ( Mortgage Deed )

Lease/Rental Agreements ( Residential Lease Agreement )

Affidavits ( Name & Address Affidavits )

Power of Attorneys ( Special Power of Attorney )

Registration Assistance ( Agriculture Land )

Agreements/Deeds ( Exchange Deed )

Lease/Rental Agreements ( Leave And Licence )

Affidavits ( Personal Affidavits )

Wills ( Make A will )

Registration Assistance ( Commercial Property )

Agreements/Deeds ( Release Deed )

Procure Revenue Documents ( Duplicate/Certified copy of sale deed )

Affidavits ( Student Affidavits )

Agreements/Deeds ( Agreement of Sale )

Wills ( Make A Codicil )

Agreements/Deeds ( Partition Deed )

Procure Revenue Documents ( Certified copy of revenue document )

Affidavits ( Passport Affidavits )

Agreements/Deeds ( Construction Agreement )

Consultation on Property ( Property Buying )

Agreements/Deeds ( Memorandum of Understanding )

Legal Opinion (Written) ( Plots )

Procure Revenue Documents ( Certified copy of registered documents )

Affidavits ( Gas Affidavits )

Agreements/Deeds ( Sale deed )

Consultation on Property ( Property Selling )

Agreements/Deeds ( Joint Development Agreement )

Legal Opinion (Written) ( Apartment )

Procure Revenue Documents ( Other Revenue Documents )

Affidavits ( General Affidavits )

Agreements/Deeds ( Gift Deed )

Notary & Attestation Services ( Get A Document Notarised )

Lease/Rental Agreements ( Apartment Rental Agreement )

Legal Opinion (Written) ( Villas )

Packages ( Legal Opinion to Registration (Plot/Site) )

Affidavits ( Other Affidavits )

Agreements/Deeds ( Sale Agreement/Deed Review )

e-stamp paper ( Get E-stamp paper )

Lease/Rental Agreements ( House Rental agreement )

Legal Opinion (Written) ( Independent House )

NRI Services

Property Search ( Land And Property Search )

Propert Transfer ( Land and Property Transfer )

Property Partition ( Partition of Land And Property )

Buying Selling of Property in India ( Buying/Selling of Property in India )

Succession Certificate ( Succession Certificate )

Power of Attorneys for NRIs ( General Power of Attorney by NRI )

Power of Attorneys for NRIs ( Special Power of Attorney by NRI )

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Subject : Property Fraud
Question : I purchased 3 non-NA plots from a seller on the condition that he will NA those plots in next 3 months. After 3 months, he started making reasons that the land has some problems. He asked us to wait for some time. Now Its been 7 years and he is giving me the same reason. I requested him to at least pay the money back but he is unnecessarily delaying that for the past 1 year. The seller is neither interested in giving me the plots nor the money back. How can I file a case against that fraudulent seller? Or what could be the best way to recover my money?

Answer by rozario john : file a police complaint for fraud, cheating at the earliest, also if you know other plot buyers, contact them and make them also file complaints against the person

rozario john

Rozario John

27 Years Exp

Land and Property Transfer (Show More)

View Answers by this Partner (1)

Profile Views : 127157

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Practicing Since: 1998

About Your Firm : I am dealing exclusively with conveyancing of property and providing end to end solution to ensure safe transfer of property takes place in the best possible manner

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Legal & Drafting

NRI Services

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