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  • TNGO plots

Hi All,

Would like to know regarding the ownership of TNGO lands given by the Telangana state govt to employees. These employees are selling the land to the others who are not govt employees (Outsiders) and also heard that this land cant be registered only after 10 years from the date of construction, I am interested in buying one plot for the house construction. So before going I have many doubts, so would like to clarify from the experts like you

1) Seller has only allotment certificate.
2) No registration documents available other than the allotment certificate.
3) He is selling me the plot with the allotment certificate that he got as a proof. In the notary between the seller and me, the seller himself agreeing to give in writing that he doesn't own any ownership on the land once sold.
4) We want to go ahead with the notary and keep the documents with us.

Queries:

1) After building the house, can we change to our name in the municipality records ?if yes, will the notary is accepted for changing the name.
2) can we get the electricity bill on our name with the notary as the document of sale.
3)Can the notary be acceptable in the courts to prove that we are the legal buyers going forward?
4)How to make it legal with the documents ?
5)What kind of document should be written before we go for the purchase ?
6) can we have go head with this type of scenario?
7)How to initiate the registration process and we would be the owners after 10 years with the
Asked 6 years ago in Property Law
Religion: Hindu

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7 Answers

only allotment letter has been issued . no registered sale deed has been issued 

 

2) As per the society’s byelaw no. 41(i), transfer of plots to another member or non-member should not be permitted except to legal heirs by inheritance.

 

3) notarised  agreement does not confer clear and marketable title to property 

 

4) plot would not be transferred in your name on basis of natarised agreement 

 

5)electricity bill would not be transferred in your name 

 

6) avoid purchasing the plot 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

Allotment must be on the condition of no resale. Purchase not advisable. Municipal records may not change.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

1. No registered deed is required for same, to change name in municipal records.

2. No the concerned department ask for index copy and registered deed.

3. It can be disputed as per registration act registration of document is mandatory.

4.See for now you can have notarized document if trusted seller then same has to be registered.

5. Agreement to sale and document for possession can be made.

6. In my view I would not advise you to go ahead with purchase 

7. Sale deed in you favor after time period is needed from original owner. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. The allotment letter to the seller is not the title document, the seller is not having a clear and marketable title to the property.

The seller cannot execute the registered sale deed in your favor on the basis of the allotment letter or a notarised agreement, therefore you cannot acquire title to the property without a registered sale deed.

If you do not have title to the property then you are not the owner of the property hence the constructed property also will not belong to you at any point of time and you may have to vacate the property if ordered by court in a dispute by the legal heirs of the vendor.

 

2. The electricity connection cannot be changed to your name on the basis of the notarised sale deed.

3. No, read the 1st answer above.

4. With the documents mentioned by you, there is no legality for the title to the property.

5. You should first insist on a registered sale deed in the name of the vendor which is the basis by which he can transfer the property to your name by executing a registered sale deed.

6. It is not advisable

7. see the above answer.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

The above scenario is very unclear. You may not get clear title in the above transaction. You can execute a indemnity bond. 

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

Generally land sold by state government to their employees are at subsidised prices and these are welfare/beneficial measures intended to benefit the employee.

So an employee cannot violate any of the clauses of such transactions.

In your case, though as per law, there is no illegality in the event of the employee selling the property to you within 10 years from the date of registration, the government has the right to reclaim the land from you and employee for violating the clause at any time if they come to know. Sometimes government ignores such transactions also. So you can deal in this transaction with a certain risk.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Notary documents will not be admissible for registration of property and electricity department

the agreement should be registered with seller. 

You should insist on getting reallotment letter from seller. 

It will be a doubtful purchase I would not suggest you to go ahead if seller is not providing you registered agreement.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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