FILING RTI IN CASE OF PROPERTY MATTER                                     

Updated on : 2020-Nov-24 17:56:36 | Author :

INTRODUCTION IN CASE OF PROPERTY MATTER 

One should be alert in case of property matter but if he/she forgets about any document relates to property matter mistakenly then what he/she can do? He/ she can file RTI to get that document in case of transfer or sale of the property. In India, if any builder cannot produce valid documents like land registration certificate, No Objection Certificate, Plan Sanction letter, Encumbrance Certificate, Agriculture to Nonagricultural Land Conversion Certificate, Land use Certificate, Commencement Certificate, Khata Certificate or Extract of the Property, a Tax receipt of the Property, Insurance Premium Receipts then RTI Act becomes the solution.

 

ABOUT DOCUMENTS

 

Land registration certificate - To obtain Land Registration Certificate one should go to apply to the urban development authority with some essential documents. These documents are site allotment notice, tax paid receipt, sale deed certificate, possession certificate, and intermediate sale deeds. The final step for registering the title deed is paying stamp duty and completes the process at the registration office.

 

No objection certificate - This is the most essential document which is given to the buyer. To issue a NOC buyer must obtain and fill up and submit a copy of a NOC form. So one can file RTI to know how the NOC form can be issued.

 

Plan sanction letter- A plan sanction letter is necessary as proof of the construction plan. RTI also can be used against illegal construction and the buyer can want a certified copy of the sanctioned building plan if it is not provided by the seller.

 

Encumbrance certificateThe encumbrance certificate is proof of complete ownership. This certificate also can be obtained under the RTI Act.

 

Agriculture to Nonagricultural land conversion certificateThis certificate functions as a NOC for the utilization of agricultural land to make nonagricultural. Sometimes several authorities take disadvantages with bad intentions or for their benefit for land resources. So, to solve this type of problem one can file R.T.I. The copies of documents relating to property can be easily obtained by filing an RTI.

 

FOR CONSTRUCTION OF A BUILDING

For the construction of a building, it is also necessary to know about society. When a building is constructed for residential purpose or residential cum commercial purpose under

• Co-operative Housing Society

• Co-operative Premises Society

• Condominium or apartment premises

• Limited company of Premises.

 

COMPLAIN HANDLER

Complains related to the building have been handled by

• Deputy Registrar

• Co-operative Court

• Civil Court

• Police

• Society’s General Body Meeting

• Co-operative Housing Society’s District or Taluka Federation.

Main complaints to be redressed by Deputy Registrar like

• Registration of co-operative Housing Society

• Membership issues such as transfer or transmission

• Recovery of dues from the member

If no reply received within 30 days you can make complaints to the First Appellate Authority.

 

RTI FOR CONVEYANCE IN CONSTRUCTION OF BUILDING

Conveyance of the society is important that has to be given by the builder /landowner. If the builder or landowner refuses to give the conveyance the Co-operative Housing Society (CHS) can go to Competent Authority i.e. District Deputy Registrar (DDR). DDR will give the deemed conveyance order for the application of CHS and signature on the Conveyance Deed. Once Conveyance Deed is signed by the Competent Authority then it goes for registration at the office of the Sub-Registrar of Assurance (SRA). So it is important to know about Conveyance Deed and Deemed Conveyance.

 

CONVEYANCE DEED

Conveyance Deed is an important document required for the purchase of a property. Conveyance means the act of transferring the title ownership, rights in a property from one to another. Deed means a legal instrument like a written document that is signed by sellers and buyers. Gift, Exchange, Mortgage, Lease deeds belong to conveyance deeds.

 

DEEMED CONVEYANCE

It is a very essential document in property matter and necessary when the landowner refuses to hand over the deemed conveyance certificate to the apartment complex management committee. In this case from the housing society, a complaint can be sent to the designated competent authority.

 

IMPORTANCE OF RTI IN PROPERTY MATTER

In the case of property matters, the documents which are essential are mentioned above. So, to obtain those documents one can file RTI if any problem occurs to get those in a normal way. RTI also helps in land dispute cases. A land dispute may occur due to many reasons. The reasons may be a fraud in the registration of the property or a dispute over the area of the property between two parties.

 

FAKE LAND REGISTRATION

In the case of land registration, it is important to know about the owner of the land and the land registration procedure because sometimes we see the suffering of some persons for the fake land registration. The land registration becomes fake when one’s registered land belongs to some other person initially and the land was sold without proper authority or permission from the actual owners. So to avoid these types of problems one can use RTI to know the facts about the land registration and the original owner of the land as well as he/ she can seek ownership-related documents to redress his/ her grievances.

So, any type of property-related document or record or information like previous owners, documents relating to ownership, dimensions of the land, etc. is obtained through the RTI act.

 

REQUIRED DOCUMENTS

The required documents to file RTI in property matter are -

  • Basic property details 

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HOW TO FILE AN RTI FOR LAND DISPUTES

To file an RTI for the property matter one should make the application in a simple way to inform his/ her problem and address the proper authority. To file an RTI one should know about-

  • Name of the appropriate authority.

  • Details of the property.

  • Name of the district under which the property falls.

If you want to get more details about property matters you can contact our expert team- Lenstax. Land and property both matters are important for everyone.

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