THINGS TO KNOW BEFORE BUYING
Questions to ask before buying a farm house
WHY do you require a farm house? As a first home, second home, weekend retreat or a business proposition
WHAT are the critical elements? Road connectivity, distance from the existing city, airport, markets, CBD HOW often would you use it?
HAVE you researched on the Master plan and zoning? What are your budget constraints? When would you like to move in? Are you engaging a local expert?
Who is assisting you with the legal due diligence? DO TAKE PROFESSIONAL ASSISTANCE ALWAYS
The process to follow for buying a Farm house in Delhi
Talk to a planning expert Visit approved zones with the expert Shortlist villages within which to buy land Choose the best fit with the desired location and budget Shortlist three before zeroing on the final one Give advance to the seller (not more than 10 per cent advance) Collect copies of ownership records Undertake due diligence with revenue records Receive stamped copies from government records (the complete chain of last three owners) Receive all NOCs Complete financial transactions Registration of sale Mutation of land under revenue records Apply for permissions & Building sanction plans to construct farm house
The following are the requirements of documents.
1. Identity proof Individual (Driving license / Passport / Voter ID card with residential address)
2. PAN card details
1. Memorandum & article of association
2. PAN card
3. Resolution authorizing the Director to sign
4.Company rubber stamp
5.ID proof of signatory
6.Photographs of signatory
1.Chain of documents establishing bonafide / Sales-worthiness of Land
2. Proof of mutation – Fardh
4. Other relevant documents under the land revenue records of Delhi
REGISTRATION PROCESS IN DELHI
Under the Indian registration act 1908, registration of transactions of land, made between buyers & sellers, individuals, companies or any other entity is mandatory.
In Delhi, the rightful representation, in person, or through duly authorized persons have to be made at the Sub registrar's office.
The following documents need to be taken to the Sub registrar's office.
1) Documents required to be registered, In Duplicate
2) Two passport sized photographs of all the executants
3) Proof of Identity of all executants of the registration
4) Two witnesses, both to appear in person
5) ID proof of both witnesses
6) Copy of the No Objection certificate, issued by the land revenue & other departments, that the said land is not under acquisition under section 8 of the Delhi Land (restriction & transfer) Act 1972.
7) Report regarding the contravention of the provisions under Section-33, 81, 74(4) of Delhi Land Reforms Act.
Typically, the personable appearances in front of the Sub registrar, the verifications, stamping & photographs take approx. 2 hours.
The Delhi government also is working towards e-governance of the Sub registrar's office, and the pilot project is currently under test.
What is mutation in Delhi?
The recording of the transfer of rights of the property, from one person to the other, in the revenue records of the government is called the 'Mutation'
What are the mandatory documents required for mutation?
1) Application to the SDM office / Tehsildar / nominated official along with the requisite non judicial stamp
2) Details of the name of village in which land acquired
3) Description of the rights acquired
4) details of the seller of the land - Name, Parentage, complete address, caste etc.
5) Details of the buyer / acquirer
6) The date on which the rights were acquired, which being mutated
7) Copies of the document on the basis of which 'mutation' being sought ( registered Sales Deed, Will etc.)
The office of the Tehsildar / Naib tehsildar of the geographical location where the particular village is located, would be the nodal agency.
Criterion for deciding on the mutation
1) A proclamation is issued by the office, inviting objections if any, to the proposed mutation, clearly defining the date unto which the office would entertain any objections to the mutation
2) The Halqua Patwari then submits his report of form P-1
3) Both parties, the buyer & seller have to record their statements in the presence of the Tehsildar / Naib tehsildar / any other nominated nodal officer
4) The contents of the statements are matched with the documents available with the office
5) The office thoroughly checks if there are any objections received against the subject mutation, if none received, then sanctions the same.
6) If there are any objections received, the said matter of mutation is referred to the SDM
If the SDMs order is not found satisfactory, the aggrieved party can file the appeal with the concerned Deputy Commissioner, with a period not exceeding 30 days.
Typically, the response time is within 30 days.