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HUDA Drawn Up a Draft Poilicy Suggestion Rules for Transfer of Residential Plots and House


By smith, Section Gurgaon Real Estate
Posted on Sat Jul 12, 2008 at 01:34:46 AM EST

New Policy On Transfer: HUDA Drawn up a Draft Poilicy Suggestion Rules for Transfer of Residential Plots and House  in the Urban Estates Developed and maintained By It

The basic conditions needed for granting permission for transfers are, there ought be no arrears of instalments, extension fee, enhancement
cost, overdue interest etc; no dispute,litigation or court case/encroachment and misuse of the plot of any kind; no encumbrances like mortgage;and physical possession of the plot by the transferer and its proper demarcation.

About the actual transfer, the proposed method, as opposed to the earlier dual procedure, involves a single stage of operation. The appropriate documents and application submitted
will be scrutinized within 30 days and if no objection is received during that period, the transferer and the transferee can visit the Estate Office in another 30 days. After a photograph is taken of both of them along with the Estate Officer, the EOwill issue the re-allotment letter in favour of the transferee.

Now, such a transfer can take place only on the basis of the execution of conveyance deed/ sale deed provided the latter has been executed. with the sub-registrar of the area in which the plot
proposed to be transferred is situated. However, in such a case the two sides need not appear before the Estate Officer after submission of papers. But the transferer/transferee have to submit a certified copy of the sale deed within two months with some other documents.

If the transfer is to be effected through a court decree, only administrative charges will be levied. In case of collusive decrees, the same will not be challenged provided the judgement does not violate the HUDApolicy guidelines.

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The change of ownership can also come about through a will. If it's registered in favour of legal heirs of the deceased,the ownership ofplot/house shall be transferred after the submission of a certified copy of the registered will. This applies to both Hindus and Muslims. In
case of an unregistered will drawn up in favour of a person who is not the legal heir under the Hindu Succession Act,1956, then the concerned person must obtain a probate certificate from the a court of competent jurisdiction under the Indian Succession Act 1925 and,upon its production, the property can be handed over to him.

Where the case arises due to the allottee's death and there is no will, the transfer will be allowed on the production of a succession certificate issued by a competent court.

If the transfer is via general power of attorney, (a) the GPA holder will have to produce an affidavit from the transferer that he has not executed the GPA in favour of another person and not withdrawn it after issuing it to the applicant;(b)the transferer has to submit the signatures of the GPA holder duly attested
by him; and (c)the GPA holder must produce an affidavit of a date not older than three days of the submission of the application to the effect that the allottee is still alive and should inform the Estate Officer if the allottee dies before the actual issue of the re-allotment letter.

For transfer by gift, the deed within the family can be permitted by levying administrative charges in case full payment has not been received; or schedule. of payment is not over; or the house has not been built or partial or full occupation certificate has not been issued. The
gift deed must be registered, and signed by, or on behalf of, the donor and attested by two witnesses.

Source: Yogesh and www.realtyplusmag.com 12/July/2008

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