• Purchase of flat

Sir, my husband is in central govt. job. We r going to purchase a property where major amount is paying by my father and only loan will have to be taken by my husband. Property will be in my name. Will you tell me in this case also my husband has to take prior permission from his department to get involve in this transaction. If yes then at what stage.. At the time of agreement or at the time of registration. To show value what amount he should show... Registered value or agreement value. Plz guide as per central govt. civil procedure law for employee.
Asked 2 years ago in Property Law from Delhi, Delhi
A point was raised whether it is necessary for a Government servant once he had got permission of Government to the purchase of immovable property, report the actual acquisition of it immediately on the conclusion of the transaction. If the first sanction specifies the details of the transaction and the amount involved, a further report is not necessary but if such details are not furnished at the time of sanction, a further report after the acquisition giving full details should be made. The property should, of course, figure in his subsequent annual returns of immovable property in either case.

[Min. of W.H. & S.O.M. No. AV(37) dated 05.12.1956]
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1) if your husband is taking loan for the flat he must be co owner of the said flat . better purchase flat in joint names   if your husband is repaying the loan 

2) before purchase he should obtain prior sanction of the govt 

3) Conduct rules provide as under 

(ii) Every Employee of the Secretariat belonging to any service or holding any post included 
in Group 'A' and Group 'B' shall submit an annual return in such form as may be prescribed by the 
Government in this regard giving full particulars regarding the immovable property inherited by him/her or 
owned or acquired by him/her or held by him/her on lease or mortgage either in his/her name or in the 
name of any member of his/her family or in the name of any other person. 
 
 (2) No Employee of the Secretariat shall, except with the previous knowledge of the 
prescribed authority, acquire or dispose of any immovable property by lease, mortgage, purchase, sale, gift 
or otherwise either in his/her own name or in the name of any member of his/her family. 
 Provided that the previous sanction of the prescribed authority shall be obtained by the Employee 
of the Secretariat if any such transaction is with a person having official dealings with him/her.
Ajay Sethi
Advocate, Mumbai
25893 Answers
1410 Consultations
5.0 on 5.0
1. Your husband does not have to take prior permission to acquire a property,

2. He has to add the name of this property in his Asset & Liability statement which he mandatorily submits every year, after purchase/registration of the property.
Krishna Kishore Ganguly
Advocate, Kolkata
13127 Answers
280 Consultations
5.0 on 5.0

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