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Property registration is a crucial step in the real estate transaction process. It involves the legal transfer of ownership from the seller to the buyer. In India, the Real Estate (Regulation and Development) Act, 2016 (RERA) has been enacted to regulate the real estate sector and protect the interests of homebuyers.
Under RERA, property registration after purchase refers to the process of registering the property in the buyer’s name with the appropriate government authority. This registration provides legal recognition to the buyer as the new owner of the property.
Power of Attorney (PoA) is a legal document that grants a person the authority to act on behalf of another person in specific matters. In the context of property registration, a PoA can be used to facilitate the registration process even without the physical presence of the seller.
With a valid PoA, the buyer can appoint a trusted representative, often referred to as an attorney, to complete the property registration process on their behalf. The attorney will have the authority to sign documents, pay fees, and complete other necessary formalities related to registration.
It is important to note that the PoA must be executed and registered as per the applicable laws and regulations. The buyer should consult with a legal professional to ensure that the PoA is valid and legally enforceable.
The answer to this question depends on the specific circumstances and the laws of the jurisdiction where the property is located. In some cases, it may be possible to register a property without the physical presence of the seller.
However, it is important to understand that property registration is a legal process, and compliance with the relevant laws and regulations is essential. The buyer must follow the prescribed procedures and fulfill all necessary requirements to ensure a valid and legally recognized registration.
If the seller is unable or unwilling to be physically present for registration, alternative methods such as the use of a PoA or online registration facilities may be explored. These methods can help facilitate the registration process and ensure that the buyer’s rights are protected.
It is advisable for the buyer to consult with a legal professional to understand the specific requirements and options available in their jurisdiction.
No, the original sale deed is a crucial document that establishes the legal ownership of the property. It is required for the transfer of ownership from the seller to the buyer. Without the original sale deed, it would be difficult to sell the property or register it in the buyer’s name.
In Maharashtra, the seller is generally required to be personally present at the time of property registration. However, as mentioned earlier, alternative methods such as the use of a PoA may be considered to facilitate the registration process without the physical presence of the seller.
If a property is not registered, it may lead to various legal and practical implications. The buyer may not have legal ownership rights over the property, which can create disputes and complications in the future. Additionally, the property may not be eligible for certain benefits and protections under the law. It is strongly recommended to complete the registration process to ensure a valid and legally recognized ownership.
Property registration is a significant step in the real estate transaction process. Understanding the options available and complying with the applicable laws and regulations is essential for a smooth and legally recognized registration. Consulting with a legal professional can provide the necessary guidance and support to navigate through the complexities of property registration.
This post was published on March 8, 2024
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