Dear Client,
Your mother have to authorize you to sell the room on her behalf. Either she herself become seller in sale in deed or execute notorise POA in your favor to act on her behalf.
I want to sell my individual chawl room 1RK on 1st floor in Borivali West. I have a transfer deed and POA as my father has transferred ownership on my mother s name. All bills come on her name. I want to know what documentation I will have to do when I sell this room.
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Dear Client,
Your mother have to authorize you to sell the room on her behalf. Either she herself become seller in sale in deed or execute notorise POA in your favor to act on her behalf.
Yes we both are wanting to sell it off however people don't want to buy a 1 St floor room they say is not legal. And loan is available or not we r not sure. Can u suggest us
your mother can execute registered sale deed in favor of purchaser
2) since it is not rented premises you dont need landlord consent to sell your room
Original title/transfer deed duly stamped and registered in favour of your mother
All original link documents from first owner upto your father
Sanctioned building plans to check if the floor is legal and to ascertain carpet area
Is there a society or landlord?
If you have power of attorney in your favour from your mother you can make sale deed in favour of the buyer.
See if the title is clear then in that case you can sell same. For loan it has to be enquired with bank.
1.Your mother can sell chawl room.
2.pagdi flats in Maharashtra are governed by The Maharashtra Rent Control Act of 1999, and a pagdi flat can not be transferred by the tenants without the permission of the landlord.
If the ownership is of the mother then the mother will have to sign the documents in order to sell the land
Selling 1st room is legal, you may check with the local bank if loan on the property is available or not.
Regards
This is a pagdi system property.
Hence you cannot sell the property without the consent of the landlord
In fact your father also cannot transfer this property to your mother's name without the consent of the landlord.
However since all the bills and the rents are in her name she has to transfer the rights to you with the consent of the landlord.
Pagdi system room is like ownership kind of property deal, we can say Semi-ownership room.
in terms of legal language, there is nothing called Pagdi in transfer of property act. this is absolutely local system vide which the person (Landlord , the first owner) in possession of any immovable property gets certain agreed amount prior to transferring the possession of that property in favour of transferee (second owner).
But the convention is that when the same is transferred to some other person on pagdi basis, the profit is shared 50:50 between the land lord and the pagdi tenant.
One cannot avail loan to purchase pagdi system proeprty because it do not confer absolute title on the tenant.
In such cases the buyer of property pays cash to the owner and does not get a proper receipt of the payment. On paper he/ she is a tenant and the owner of the property is the landlord. The official rent charged by the landlord is ridiculously low than the prevailing market rate in that area.
Hence you cannot force anyone to purchase the same, however there are lot of buyers waiting to buy the pagdi system property also, you may choose another person ignoring this person who comes out with lot of problems.
1. ONLY the mother can execute Sale Deed for the chawl room with the new buyer.
2. Documentations like BMC Water bills, property tax bills and other personal documents alongwith title document in mothers name, shall be compulsorily required.
Keep Smiling .... Hemant Agarwal
1) Whether chawl has been constructed as per sanctioned plans ?
2) Do do you have registered agreement for purchase of room ?
3) mostly in Chawls rooms are sold on Rs 100 stamp paper
4) there is no registered sale deed executed
5) contact a a local lawyer for drafting of sale deed
6) it is in your interest that you sell room by registered sale deed