I am the second buyer of my current residence at Mumbai. The building is registered as an Association of Residents Empowerment. The managing committee has recently decided to take the condominium from the builder. The previous owners ( both stay abroad ) had purchased the flat in 2000 and then I purchased from them in 2016. Now the sub-registrar insists that the previous owners have to be present in person before him to sign the Deed of Apartment since they had never signed the same at the time of their purchase! I am at a loss to understand why is this required now, since I am having a registered sale deed in my name which itself is a valid paper in the court of law?? Why does the previous owners have anymore role to play in the current scenario? Who will bear their travel expenses?
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You have a registered sale deed. Sole ownership. Sub registrar is idiot. Tell him give requisition in written - office order of objection than file appeal to D G stamp.
And what is the need of Deed of Apartment ! ? This can be done by internal MOU or giving written consent to committee. Consent to notice issued by committee.
Thanks for the prompt update! Since you asked about why Deed Of apartment is required, let me elaborate point wise 1)The current builder wants to hand over the condominium to the residents for which the Deed of Apartment needs to be concluded ( as told to all residents by the managing committee) 2) As I mentioned before, our society is a residents empowerment currently. 3) As a layman, I do not understand why my previous owners need their presence after 3 years of selling their property to me. 4) Does the housing law differ from state to state? 5) Can the builder succeed in giving the condominium without all the 102 flat owners registered Deed of Apartment?
4) Does the housing law differ from state to state? - NO.
Still deed is not required. Members have formed Association of Residents Empowerment and duly registered, representative of flat owner, condominium will hand over to office bearer and fresh account will open in the name of association.
Maximum apartment owners association can be formed.
Ans: This means that the title to the property is imperfect and that the previous owner never had correct title to the property even after selling the property to you.
Is your sale deed registered and stamp duty is duly paid.??
It has to be compulsory registered. Unregistered poa is void
1. Apprehensively the Previous Owner had not paid Full Stamp Duty and Registration Fees, for their Agreement with the Builder. Check this.
2. IF the above is true, THEN previous owner is required to be present .OR. atleast previous owner should give Power of Attorney, in your favor, so that you can do the needful on his behalf as well.
CONSIDER THIS:
1. ONLY a proper Stamp Duty paid (500/-) and Registered POA holder is entitled to execute any immovable property transaction before the local registrar of sub-assurances. IF the POA is not registered, THEN the whole proceedings shall remain illegal. POA can be given to "ANYBODY", irrespective of relationships.
2. POA may have strategic clauses and time limitations of the deal (payment terms, validity time period of the POA document ....), for safety of the POA giver.
3. POA can be registered "ANYWHERE" in India, before the local registrar of sub-assurances and shall be valid throughout India. Stamp Duty on POA is not the same as Stamp Duty paid on Sale /Purchase Deed.
4. POA document can be endorsed abroad by the local consulate office and SUBSEQUENTLY stamp duty paid and registered in India, for it to be legally enforceable.
5. IF person CANNOT go to Registrar office to register POA, THEN Registrar's officer can be requisitioned to visit home, to register POA, on payment of due fees by following due procedure of law.
1. The Deed of Apartment was not signed by the 1st buyer when he was required to do so.
2. The sub-registrar is completing the back log by insisting the the previous buyer shall have to come for signing.
1. Actually the deed of assignment/Apartment is signed to convey the title of the flats to the Society.
2. The Society will issue shares and allot the same flats they held to the share holders.
3. This way registration cost used to be saved earlier but now a days no body follows this system as there is hardly any difference in stamp duty for registration.
4. In your case you have already purchased the flat for which the 1st owner can not sign any deed in connection with the said flat now since he is no longer its title holder
The sub registrar is right in his opinion that the previous owner should sign the deed of apartment at the time of registration of the same.
However you can get a power of attorney deed from the previous owner to ratify this execution by the power holder on his behalf.
If you don't want to abide by the instructions of the sub registrar then you may approach court with a suit for direction to the concerned authorities to get the execution formalities done without the requirement of previous owner's signature on the deed of apartment for the reasons you may rely upon.
This will be a time consuming process.
Actually there should be some other reason that the original owners were required to sign the said deed.
Since you are not able to understand the actual problem or reason, you may better consult a local lawyer and get the things clarified on the basis of local or prevailing laws .
1. A deed of apartment cannot be registered with notarized POA because for registration of property POA should also be registered.
2. If previous owners have signed only notarized POA that is the reason why registrar is insisting on presence of previous owners for registration of sales deed of apartment.
3. Travel expenses should be bear by previous owners.
Notarised POA has no legal value and such a notarised document cannot be valid for proper registration.
