FAQs

What are different forms of power of attorney?

Some of the different forms of power of attorney are :

  • Power of attorney to sell a particular property
  • Power of attorney to recover debts
  • Power of attorney by a firm
  • Power of attorney by trustee
  • General power of attorney to a manager of the estate

What is a debutter property?

A debutter is an endowment much less a trust although it can be created through the medium of trust in which the property vests in the trustees and the deity /God is the beneficiary. Not necessary that debutter be always a registered deed

How many floors can be constructed in a residential property?

Normally residential constructions comprising of the basement, the first floor and the second floor are allowed to be constructed by the Delhi laws. But if the construction is next to a road whose width is more than 80 sq. feet than a third floor is also allowed.
 

Can corporate firm/houses open their offices in residential areas?

No, the practice of opening offices in residential areas is illegal. But in the usual course of business service based industries are allowed to open their offices in such residential properties. But any complaint by the owners will perforce them to vacate it.
 

If the lease does not contain any clause for escalation of rent then can the lease amount on renewal be escalated?

There is a provision in the rent control act that rent will increase 10% after every 3 years.
 

What is the meaning of leasehold and freehold properties?

Leasehold properties
A property (plot/ built up) in which perpetual leasehold have been granted by the title paramount in favour of the lessee. The title paramount i.e. president of India in these kinds of properties acts through DDA, L & DO. Leasehold properties are not freely transferable . depending upon the covenants pf. the lease deed prior permission of the lessor (DDA/LDO) is required to transfer the property. One is required to pay charges such as 50 & of the unearned increase and conveyance.

Freehold properties
A property where title paramount has conveyed the property in favour of the purchaser by conveyance/ sale deed with no restriction on the right of the holder of the property to further transfer the property. Record of ownership of the freehold property can be ascertained from the office of the sub-registrar. It can be transferred by registration of sale deed.
 

What are the benefits of getting a leasehold property converted to a freehold property?

The benefits are:

  1. One can become a full-fledged owner only by getting the sale deed of the property after getting it registered
  2. It has got better marketability
  3. The property can be sold, mortgaged or kept for standing security.
     

What % of the plot has to be kept aside for as back space and front space?

The % area set aside for construction purposes differs with the size of the plot. In case of a 400 sq. yard plot the area is 40% the distribution being 20% for the back space and 20% for the front. In case of a 1000 sq. yard area the area set aside is 60% for the back and the front spaces.
 

How can gift of immovable property be made?

A gift of immovable property must be made by registered deed irrespective of its value. It should be attested by two persons.