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TOPICS

Legal Document & Drafting

  • Affidavit
  • Rental Agreement
  • Partnership Deed/LLP Agreement
  • Power of Attorney
  • Gift Deed
  • Will
  • Other Document & Drafting

Name Change in India

  • Change of Name (Major)
  • Change of Name (Minor)
  • Correction of Name
  • Name Change after Marriage
  • Name mismatch
  • Name update in Share Certificate/Other Document
  • Name addition in Birth Certificate/Other Document

Stamp duty & Registration

  • Stamp duty of various article/Document
  • Commonly used Stamp duty for Rental Agreements
  • Stamp duty of Share certificate
  • Registration of Rental Agreement
  • Registration of any other Document

DDA Property Consultation

  • Leasehold to Freehold Conversion
  • Mutation (with WILL/without WILL)
  • Transfer in Blood Relation (without Stamp duty)
  • Substitution (Due to Death of GPA)
  • Consultancy on Property Documents

RECENT QUESTIONS

I am new in Delhi and taking property on rent and would like to know that what things should we know before taking property on Rent?

In Delhi, the rent and lease are controlled by the Delhi Control Rent Act, 1958. These are the few things which should be know before Renting the Property-

  • Check the Details of the Owner who is claiming as a Owner of the Property. Ask for the Ownership Proof and preserve one Photocopy for the same.
  • Ask for NOC for Mobile, Gas Connection.
  • Tenant Verification at the Local Police Station also needs to be done by the Landlord and it is mandatory as well.
  • Discuss all the Term and Conditions carefully with the Owner before entering into an Agreement.
  • In Case if any token money paid then ask for the Receipt from Landlord for the same.
  • Mention the Name of all the Mature Tenants while drafting the Rent Agreement, so that the Terms and Conditions of Rent Agreement will be applicable on all the Tenants.
  • Security Deposit amount in Delhi is to collect of 1-3 months of the rent and this will be refunded by the Owner at the time of vacating the premises.

What is the Lock-in-period clause and does it restrict Tenant to leave the house?

Lets start with the Example – Rakesh search the property to stay on Rent and got the property with appropriate Rent and Finalize it and Sign an Agreement with the Owner.

Later, Rakesh got to know that the Condition of House is not so good actually. So, he decided to leave the house and inform the same to the Owner. But Owner deny his decision by saying that Rakesh has to provide two months Notice in Written OR has to provide Rent for 4 months in order to have a permit to leave the house.

Do you know why this happened?

Because in Rent Agreement that the Rakesh signed contain the Clause of – Lock in Period 

What is Lock in Period?

Locking period prescribes the time period within which any of the parties cannot terminate the contract before the sending of the lock in period, if the party do so then he has to pay the rent for the remaining lock in period.


So, there is a clause called Lock in Period which was involved in their agreement that if the Tenant wish to terminate the Agreement then he has to provide the Notice in Written of Two Months OR Rent for 4 months.

I have purchased the Stamp paper from Bangalore for some Affidavit purpose and would like to submit it in Delhi. Is it possible?

There is no such bar in Indian Stamp Act till now that the Stamp Paper purchased in one state cannot be executed in another state.

It can be executed in another state, the Important point is that the Stamp Duty paid for particular article should be appropriate as per state. Each State have different stamp duty for different article. So, if you have paid appropriate Stamp Duty as per your State then the Stamp Paper purchased from one state can be executed in another State.

We're planning to create Partnership Firm but confused how to set name, is there any specification which we should keep in our mind before finalizing the name?

The name of Firm plays a vital Role and the Name should be chosen in a manner that it also highlight the Nature of Business.

Also, As per Section 58(3) in The Indian Partnership Act 1932, A firm name shall not contain any of the following words, namely:— “Crown”, “Emperor”, “Empress”, “Empire”, “Imperial”, “King”, “Queen”, “Royal”, or words expressing or implying the sanction, approval or patronage of Government, except when the State Government signifies its consent to the use of such words as part of the firm name.

I would like to change my name but I am slightly confused where to publish the Notification, whether in State Gazette OR in Central Gazette?

It is always recommended to publish the Notification in Central Gazette as the Notification published by the Central Government holds more power and better recognition as compare to the Notification of State Gazette and State Gazette is mainly for State Government Employees.

Central Gazette is based at Delhi and Full Official Address is – Controller of Publication, Department of Publication, Civil Lines, Delhi-54.

Is it fine if I only prepare Affidavit & publish Advertisement in Newspaper or is it important to publish in Gazette as well?

It depend upon the requirement of Change of Name. It is better and always recommended to get it publish in Gazette as the name change Notification will be published by the Government which is a strong and more powerful proof of Name Change. Many Government Bodies like Public Banks, UPSC and other authorities demand Gazette Notification. Also, for Govt. Employees it is mandatory to publish the Notification in Gazette of India.

I am a allottee of DDA Flat and want to purchase another DDA Flat, can I purchase it directly from DDA again?

You cannot purchase the Flat through DDA as DDA give direct allotment only for Single property. You can purchase the DDA Property through General Power of Attorney, you can’t be a Direct Allottee again.

I have lost few of my Property Documents, How can I request DDA to provide me the Certified Copy of Lost/Misplaced Documents?

Follow these Steps:-

  1. Pay the Certified Copy charges to DDA amounted Rs. 75/-(Amount of Rs. 75/- is for One Document).
  1. Give Public Notice in Newspaper for Lost/Misplaced Documents. Notice must be according to the Language set by DDA.
  1. File First Information Report (FIR) for Lost/Misplaced Documents in Delhi Police.
  1. Make Indemnity Bond for Lost/Misplaced Documents.

Whether mutation can be allowed in case of cancelled allotment or for mortgaged property?

No, mutation cannot be allowed in case of cancelled allotment until the allotment is restored  and for Mortgage property the NOC is required from the Mortgagor in order to get the property mutated.

I would like to get few of my Documents attest and want to know that Who covers under Class I Officer/Gazetted Officer?

People who cover under Class I Officer/Gazetted Officer are:

  • Nationalized Bank Manager
  • Executive Engineer
  • Director of Government Department
  • Principal of Government Schools
  • Senior Doctor
  • Assistant Commissioner of Police (and many more…)

What is the difference between Substitution and Mutation?

Mutation of Property is done in the case of Allottee’s Death whereas Substitution of Property is done in the case of GPA Holder/ Agreement to Sell’s Death.

In Mutation case DDA issue the Mutation Letter whereas in Substitution case DDA directly Freehold the property.

WE WILL UPDATE NEW Q&A SOON!