Question 1

Do I need to register a sale agreement, or is the sale deed enough?

Accepted Answer

The sale deed transferring immovable property over ₹100 must be registered under Section 17 of the Registration Act, 1908. An agreement to sell does not transfer title and need not be registered in most states — but in Maharashtra, Karnataka and a few others, an agreement that creates an interest in property attracts stamp duty and is recommended to be registered to protect the buyer.

Question 2

What checks should I do before buying property in India?

Accepted Answer

At a minimum: 30-year title search and parent documents, an encumbrance certificate, the latest mutation entry, property tax receipts, approved plan and occupation certificate, RERA registration where applicable, and a society/RWA NOC. For inherited property, also examine succession certificate, Will, or family settlement deed.

Question 3

My builder is delayed — what does RERA actually let me do?

Accepted Answer

Under Section 18 of the RERA Act, 2016, you can either (a) withdraw and demand a full refund with interest at the prescribed rate, or (b) stay invested and claim interest for every month of delay until possession. Many buyers file a parallel consumer complaint for deficiency in service. Choosing the right remedy and the right forum is the single most important call.

Question 4

How does an NRI sell property in India and repatriate the money?

Accepted Answer

Execute the sale through a registered Power of Attorney (apostilled abroad, adjudicated and registered in India), file Form 13 for a lower TDS certificate under Section 197 if eligible, file Form 15CA/CB at the time of remittance, and route the repatriation through your AD bank within FEMA limits — up to USD 1 million per financial year for inherited property, with separate rules for sale proceeds.

Question 5

Can a Power of Attorney holder sell my property?

Accepted Answer

A POA does not itself transfer title (Suraj Lamp v. State of Haryana, 2011). A registered, specific POA can authorise the holder to execute and present a registered sale deed on your behalf — but a general or unregistered POA used as a substitute for sale is legally void.

Question 6

What's the difference between a gift deed and a Will?

Accepted Answer

A gift deed transfers ownership immediately, must be registered, and attracts stamp duty (often concessional for family). A Will takes effect only on the testator's death, can be revoked any time, need not be registered, and faces probate in certain states. They serve very different planning goals.

Question 7

How much stamp duty and registration fee will I pay?

Accepted Answer

Stamp duty in India ranges from roughly 4% to 8% of the higher of consideration or circle rate, plus registration fee of about 1%. Each state sets its own slabs and concessions (women buyers, family transfers, first-time buyers). Always check the Sub-Registrar's circle rate for the locality before signing the agreement.

Question 8

My neighbour has encroached on my land — civil court or police?

Accepted Answer

Encroachment is primarily a civil wrong. File a suit for declaration of title, permanent injunction and mandatory injunction for removal, together with an application for ad-interim relief. The police can be approached only where there is criminal trespass, forcible dispossession or breach of peace.

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