LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

I am a mem­ber in a co­op­er­a­tive group hous­ing so­ci­ety in Delhi where the apart­ments are yet to be al­lot­ted. Re­cently, my fa­ther passed away and I have in­her­ited his res­i­den­tial prop­erty lo­cated in Delhi mea­sur­ing 200 square me­tres. The so­ci­ety is threat­en­ing to dis­qual­ify me from mem­ber­ship as I own another res­i­den­tial prop­erty in Delhi. Can I be dis­qual­i­fied from mem­ber­ship?

—Ja­gan Mishra In your case, you can­not be dis­qual­i­fied from the mem­ber­ship, since Sec­tion 87 of the Delhi Co­op­er­a­tive So­ci­eties Act 2003 pro­vides an ex­cep­tion that if the prop­erty in ques­tion is in­her­ited dur­ing the pen­dency of the al­lot­ment of flat/apart­ment in the co­op­er­a­tive group hous­ing so­ci­ety, such a mem­ber can­not be dis­qual­i­fied. I own a plot of land in Ghazi­abad and have en­tered into dis­cus­sions with a builder for con­struc­tion, wherein he will keep one flat as con­sid­er­a­tion and I will re­tain the three other flats. The builder wants to en­ter into a col­lab­o­ra­tion agree­ment and is say­ing that there is no stamp duty re­quire­ment on the same. Please ad­vise.

—Sne­hil Gupta For agree­ments such as yours, re­lat­ing to the con­struc­tion of a build­ing on a land by a per­son other than the owner, ie a builder and pro­vid­ing that after con­struc­tion, such a build­ing shall be held jointly or sev­er­ally by the builder and the owner or that it or a part thereof, shall be sold jointly or sev­er­ally by them, the stamp duty is ap­pli­ca­ble in Ut­tar Pradesh as per Ar­ti­cle 5 of the Ut­tar Pradesh Stamp Act on the amount of con­sid­er­a­tion, as set forth in the agree­ment or the mar­ket value of the im­mov­able prop­erty which is the sub­ject of such agree­ment,

which­ever is greater. I am re­sid­ing in Delhi and have en­tered into an agree­ment for sale of my flat in a group hous­ing so­ci­ety in Delhi. I want to get this agree­ment regis­tered. What doc­u­ments will be re­quired to be pre­sented along with the agree­ment, to the sub-regis­trar?

—Har­ish Sharma You need to take the fol­low­ing doc­u­ments along with two copies of the agree­ment: Two pass­port sized photographs each of seller and pur­chaser. Two wit­nesses. Proof of iden­ti­fi­ca­tion of seller, pur­chaser and wit­nesses i.e. AAD­HAR card, elec­tion iden­tity card, pass­port, iden­tity card is­sued by gov­ern­ment of In­dia, semi-gov­ern­ment. and au­ton­o­mous bod­ies or an iden­ti­fi­ca­tion by a gazetted of­fi­cer. In case the flat is/was un­der a lease from DDA, L&DO, MCD, in­dus­trial depart­ment, labour depart­ment of Delhi Gov­ern­ment etc., per­mis­sion of lessor for reg­is­tra­tion of doc­u­ment is re­quired. Pur­suant to the clar­i­fi­ca­tion is­sued by the rev­enue depart­ment of Delhi, you are re­quired to an­nex a site plan of the prop­erty with the agree­ment and the sub­reg­is­trar may also de­mand AAD­HAR card/en­roll­ment slip for the pur­pose of iden­ti­fi­ca­tion of the par­ties.

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