For all your questions.
ANY PURCHASE IS VALID IF THE LAND TRANSFER IS REGISTERED WITH THE LOCAL AUTHORITIES LIKE TEHSILDAR ETC.
THANK you
1.I have purchased a non NA plot in pune, Is the Power of attorney is valid document for purchasing non NA plot? 2.Can I sell after purchasing plot based on POA, after 5 years? 3.What further documents are necessary to own plot if POA is not sufficient?
For all your questions.
ANY PURCHASE IS VALID IF THE LAND TRANSFER IS REGISTERED WITH THE LOCAL AUTHORITIES LIKE TEHSILDAR ETC.
THANK you
1)Agricultural land can be used for agri purpose, where as if you want to do any other thing other than agriculture then one has to first convert that agri land to non-agricultural (NA)
However just because a land has got NA status, does not mean that one can start using it for residential purpose, because there are various types of NA like
NA – Commercial
NA – Warehouses
NA – Resort
NA – IT
NA – Residential (this is the one where one can build a residential house)
So if a plot of land is type NA – Resort, that means that that one can build a resort there, but cant make a residential scheme. If a plot is NA – warehouse, then one can build a warehouse there for commercial purpose, but cant make residential schemes and sell to common man.
So you need to look for “NA – Residential” Plot
So, the point is that you need to ask to the builder/salesperson, if the plot of land you are planning to buy is “NA-Residential” or not? Ask them for a copy of that. A lot of other kind of NA plots are sold as “NA plot, collector approved” which is a misleading thing.
2)A lot of builders try to sell a non-NA land telling you that its a proposed NA land, means he has initiated the process of converting a land into NA scheme, and the papers are already in process and “very soon”, the land will become NA-residential and how you will then reap the benefits of the high prices.
While there are chances that the conversion happens, but in most of the cases, its a gimmick to sell a cheap land at high prices and often buyers are stuck in the project, because the land is nothing more than a piece of crap later.
Don’t fall for it, because converting an Agricultural land to NA-residential is a very lengthy process which a lot of approvals needs to be taken for it. There are cases where it’s been 10-15 yrs and it’s “still in process”
So, ask the sales person to show you the NA order papers. Have a look at it yourself and do not fall for the promises like its coming in 2 months or next week or anything like that. Don’t get stuck into those kinds of deals.
Understand one thing very clearly, NA plots with clear title are limited and scarce, & often you will have to pay good price for it, If the land price is dirt cheap and it’s promised as NA-residential, there is a good chance that it’s fake or very very far away from the city limits.
No sir the plot has to be purchased through the valid sale deed, after the judgement of the Supreme court transfer done to save stamp duty vide POA are not valid and in case any claim there shall be no relief to you.
Yes you can if the principle is alive and the POA is not cancelled.
Sale deed registered, stamp duty need to be paid.
hello
yes, the POA is a valid document for the purchase. POA is sufficient and enough for registration. but you will have to transfer the property after some time in order to reflect it in the revenue records. a mutation has to be done. for that, the property has to be transferred in your name.
regards
1) seller can execute POA in favour of family member to sell the plot
2) POA should be duly stamped and registered
3) POA can then sell plot to you by registered sale deed
4) you can sell the plot after 5 years
Key answers to your all the question is yes and you can go had to sell the property you have to provide the chain of papers that you have with your registration to the next party at the time of registration
1. if there relationship between the principal and agent is not a close blooded one then such sale merely on the basis of POA is not valid.
2. So do not purchase any plot which is getting sold on the basis of POA only while the POA holder has no interest in the land nor he is the close relative of the land owner.
3. Without getting all the relevant papers checked and scrutinised by the local advocate you can not
1. ONLY a Title-Owner (Sale Deed/Agreement holder) or a POA holder (subject to relevant clauses), can Sell /Transfer /Mortgage /Donate /Lease a ownership property.
2. POA must compulsorily be Stamp Duty (500/-) paid and Registered, for the POA holder to have legal authority, to Sell /Transfer /Mortgage /Donate /Lease a property. IF the POA is not registered THEN the POA is legally null & void, for any legal purposes.
3. The clauses of the POA must mention properly, the powers given to the POA holder to Sell /Transfer /Mortgage /Donate /Lease a ownership property. IF the POA does not have clause for Selling, THEN the POA holder CANNOT sell.
Keep Smiling .... Hemant Agarwal
1. The owner can execute a registered GPA in favour of a blood relative to authorise him to sell the land for and on his behalf.
2. The agent can then execute the sale deed on the strength of the GPA.
3. You can then sell the plot after 5 years.
In Suraj Lamp & Industries Pvt. Ltd. Vs. State of Haryana & Anr. Sc has specifically stated that such document is not valid.
Regards
If power of attorney is General then NO. But if it is special POA with absolute rights mentioned in it then you can purchase through POA holder.
As the land is non NA means i assume it is an agriculture land so you need to be a farmer having agriculture land in maharashtra.
Yes. If you purchase through Special POA then you can sell it whenever you wish to.
If it is GPA then tell the seller to get SPA registered. POA must be duly registered and executed by paying appropriate stamp duty to get selling rights.
1. If the seller is selling the proeprty through a POA agent then you must confirm if the principal is alive as on the date of executing the registered sale deed in your favor.
It is always advisable that you better obtain a legal opinion about the proeprty from an advocate before buying the same.
2. If the title to the property is clear then you can very well sell, but remember that you cannot buy the proeprty on the basis of POA.
3. What about the title document, tax receipts,m parent deed, NA certificate and other relevant papers, did you verify them, better seek a legal opinion before buying it.