1) gift deed should mention land and house constructed on said land
2) if it is not mentioned then brother remains owner of the house
3) when you purchase land and house built on it then stamp duty would be as per the circle rate
Transfer of property
My brother was having a plot land and on which there was a house built by him... last year he transferred the property to me by transfer of property within blood realtion.... but in tp there is only mention of land transfer... .. so the owner of land becomes me .. do iam still not the owner of the house being the owner of that land? The house on that land is still of my brother? Secondly i want to buy a land but on that there is a house 10-15 years old.. the registration of that land would be according to cicrle rate but what about house .? It its value shlould be according to what? Its age or something else...? If the condemn then also the purchase have to be done as it is on land?
Asked 5 years ago in Property Law
Religion: Hindu
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16 Answers
If the property has been transferred then the immovable property attached to it is also deemed to be transferred.
The value of land will be as per the circle rate. market price can be negotiated between the parties depending on the physical condition of the property.
Regards
You can do the said house in your name through gift deed and the rate of the other house will be different from circle rate of land which can be mutually decided
Plz tell me clearly that the house build on land is mine or brother? If it is of my brother than what could i do of land?? Suppose someone sell land to me in deed and house build on that land is not mentioned in deed than the house is of whom? Land is of buyer and house will remain of seller? Than whats the use of land transfer?
Asked 5 years ago
See if the house along with the construction is not transferred then technically you are owner of the land only.
Secondly for construction duty shall be applicable. THe value shall be as per land and construction in circle rate and if sale value is higher then the circle rates then on sale value.
For age depreciation is available.
House is your brother name as he has not conveyed house to you but only the land
ask your brother to execute gift deed of house also
Has it been specifically mentioned that just the land is being transferred
If the property has been transferred then the immovable property attached to it is also deemed to be transferred. What deos it means sir? So what is the use of land transfer..? In deed only the transfer of land is mentioned.. So being the owner of land i have to demolish the brother house and build my own..? So whats the ownership of land means to me..? Also my brother didn't build house by taking municipalitie permission... then how house could be transfered to me by my brother?
Asked 5 years ago
do not worry, you get the constructed area also alongwith the land
Your brother can apply for regularisation of construction done in the land
2) if it is unauthorised house can be demolished by the muncipal corporation
The brother has to convey you house by the separate deed,
See if the house is not as per the approved plans then either it has to be regularised by seeking permission from the appropriate authority or the authority has power to demolish.
Until he claims it's yours but legally you don't have the title of that house. You need to execute separate deed for the same as the earlier sale deed doesn't mention the house
the transfer of land will be deemed to be taken as transfer of land with house standing thereon if the possession of the house is given to you
Dear sir
If a property is transfered by way of transfer of property act then ownership of all the assets on the land will also be deemed to tranfer to the new owner.
and if you want to buy the house its value will be according to circle rate. But if there is a house or something else is build on the land then the seller will also count the value of that asset also and he will tell you the value accordingly if house is newly built then the value will be high. If it is old and need reconstruction or renovation. Then value of property will change accordingly.
So don't worry about the house if land ir yours than house on the land will also be yours.
If a plot is transferred by a registered deed by its owner to the buyer, then it is implied that the plot along with the structure above that also will be transferred vide the said document.
It is not understood that how your brother did not mention the structure above the land in his registered transfer deed. In my opinion, since he bought the vacant land, he might have transferred the vacant land alone as per his original title document and the structure standing above the vacant land might have missed his attention.
You may ask and clarify this detail from him and get a registered rectification deed executed rectifying this mistake.
In my opinion, there should have occurred a mistake while transferring the property to you by this registered deed.
You may clarify the same from your brother and get a registered rectification deed executed to clear the discrepancy.
Instead of raising the same doubt here again and again, you may better get the issue clarified from your brother and if necessary get a registered rectification deed to rectify the mistake of omission of the structure above the land while executing the registered transfer deed in your favor.