Lousy George Associates

 Lousy George

 35 Years Exp

 Land and Property Transfer (Show More)

 Bangalore , Doddanekkundi

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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 : Lousy George

Law Firm Name : Lousy George Associates

Country : India

City : Bangalore

State : KARNATAKA

Practicing Since: 1990

About Your Firm : Advocate Lousy George has been practicing and handling cases independently for over 25 years now. Her years of practice has an expertise in handling various fields of Civil law, Criminal laws, Arbitration, Suits, Writs, Petitions, Appeals, Revisions, Complaints relating to Debt Recovery, Dishonour of Cheques, Rent Control Act, Property Disputes, Title Search for properties, Documentation Registration of Sale Deeds, Legal Notices, Matrimonial Disputes, Consumer Complaints, and Drafting and Vetting of various Agreements and Documents. The office observes the highest level of professional ethics with an excellent, responsive and timely legal service to its clients, delivering professional advice in a transparent manner.

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  Power of Attorneys ( Drafting Special Power of Attorney )
  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 )

 NRI Services

  Propert Transfer ( Land and Property Transfer )
  Property Partition ( Partition of Land And Property )

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