• Pagdi transfer fee

We are selling our property which is under pagdi system to the landlord , the original tenant was my father who died hence automatically the property got transfered to his 9 children and his wife which adds up to 10 legal heirs of the property . the landlord now is asking us for noc letter from all heirs and indemnity letter stating that their are only 10 heirs to the property and power of attorney . my question is below

- we have created the necessary documents and done franking for the same please let me know there are few spaces that are left blank like the date when the signature will be made except all the other blannks are filled in the document can the option of date be written by hand at the end since all the nine people are going to sign in different dates or will the signature of all heirs would be required in the place where the date of signature is handwritten.
- if signature is required of all heirs can the person who has been the power of atorney sign on behalf of all 10 people because if would be difficult to get sign of all 10 heirs 
- the landlord has ask id proof of all 10 heirs also and above that he is also telling us to stick photos beside the signature is this logical because as if we are giving him id proof why is he asking us to stick photos can we argue with the landlord regarding this 
- every time we ask some thing to the landlord he threatens us saying if you ask more questions i will increase the transfer fee what should be done regarding this 
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Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

1) date can be written by hand as legal heirs would be signing at differnt dates

2) POA can sign on behalf of the legal heirs if he is duly authorised to do

23 you should give id proofs as sought by landlord . affix photographs besides the signature

4) dont antagonise the landlord

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

The dates against signature can be written at the time of execution also.

Actually all the legal heirs are required to execute the same in person before the landlord, whereas he is giving you the privilege to sign the papers elsewhere, it would be intelligent to utilise the situation instead of arguing about the issues which has no reason or logic.

You should understand the fact that your father was a tenant and not his heir.

Further, this is a pagdi property and not own.

Hence instead of making simple things complicated, better to proceed without making much fuss

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

franking has to be done and then only signatures taken of the legal heirs

2) no bank will frank the document if it is already signed .

3) you should frank documents then approach indivdually all legal heirs and obtain their signatures

4) there is no other alternative

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

While dealing with such legal matters, you should either consult an advocate before doing them for proper guidance or you should know the correct procedures to handle them.

The bank is right in refusing to frank the document which is already signed and it may not deviate the procedure.

You may approach any other authority which does the franking overlooking such deviations.

Or you may obtain fresh stamp papers franked and get the signatures of all those once again.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

1)thumb impressions is mandatory in POA

2)thumb impression has to be affixed next to the photograph

3) all legal heirs should be present before notary public

4) registration is done in sub registrar office and costs would be borne as provided in agreement between parties

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. Thumb impression need not be affixed in the notarised POA deed.

2. Since it is signed before a Notary, it can be adjusted by producing one such executor alone but all others should sign the deed from wherever.

3. The cost of stamp duty payable and the registration charges for the tenancy agreement can be enquired in the local because it differs from one place to another across the country.

The tenant has to bear the charges and the cost.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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