DDA relaxes norms for property conversion
17 April 2015 5:22 AM IST
The move follows people’s demand for the same. A number of representations were made for relaxation in the on-going special camp for land conversion at Rohini. The DDA consulted the Solicitor General of India and its Legal Department before announcing the move.
The Delhi Development Authority (DDA) has decided to allow acceptance of unregistered agreement to be sold for the purpose of processing of conversion cases provided that the agreement to sell is duly stamped after the adjudication of stamp duty by the Collector of Stamps. The announcement to this effect was made by the DDA vice-chairman Balwinder Kumar.
It has also been said that the order, in case of any doubt about payment of stamp duty on the given Agreement to Sell, may proceed to the Lease Administration Officer (LAO), who with the prior approval of the Head of the Department may refer the same to the Collector of Stamps for verification about the payment of stamp duty.
Notably, the Registration Act, 1908, was amended in September 2001 by the Registration and other Related Laws (Amendment) Act, 2001, thereby making the registration of documents containing contracts to transfer for consideration, any immovable property for the purpose of Section 53A of the Transfer of Property Act, 1882, mandatory.
While processing the conversion applications, it was noticed by different lease administration branches that a substantial number of applications have been filed on the basis of unregistered agreements to sell though they were duly stamped after adjudication of stamp duty by the Collector of Stamps on account of the aforesaid statutory provision.
As per reports, a number of applicants met various senior officers in the public hearing and also in the ongoing special camp for conversion at Rohini and represented that they have paid the stamp duty, therefore, conversion in their cases should be allowed. Accordingly, a reference was made to Solicitor General of India who in turn opined that the DDA could allow the conversion from lease hold to free hold on the basis of unregistered document after September 2001 but duly stamped after adjudication of stamp duty by the Collector of Stamp.
The Delhi Development Authority (DDA) has decided to allow acceptance of unregistered agreement to be sold for the purpose of processing of conversion cases provided that the agreement to sell is duly stamped after the adjudication of stamp duty by the Collector of Stamps. The announcement to this effect was made by the DDA vice-chairman Balwinder Kumar.
It has also been said that the order, in case of any doubt about payment of stamp duty on the given Agreement to Sell, may proceed to the Lease Administration Officer (LAO), who with the prior approval of the Head of the Department may refer the same to the Collector of Stamps for verification about the payment of stamp duty.
Notably, the Registration Act, 1908, was amended in September 2001 by the Registration and other Related Laws (Amendment) Act, 2001, thereby making the registration of documents containing contracts to transfer for consideration, any immovable property for the purpose of Section 53A of the Transfer of Property Act, 1882, mandatory.
While processing the conversion applications, it was noticed by different lease administration branches that a substantial number of applications have been filed on the basis of unregistered agreements to sell though they were duly stamped after adjudication of stamp duty by the Collector of Stamps on account of the aforesaid statutory provision.
As per reports, a number of applicants met various senior officers in the public hearing and also in the ongoing special camp for conversion at Rohini and represented that they have paid the stamp duty, therefore, conversion in their cases should be allowed. Accordingly, a reference was made to Solicitor General of India who in turn opined that the DDA could allow the conversion from lease hold to free hold on the basis of unregistered document after September 2001 but duly stamped after adjudication of stamp duty by the Collector of Stamp.
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