Secure Your Ghaziabad Property Future: Expert Registration & Legal Guidance

In Ghaziabad, property can be transferred through several instruments. The most common is a Sale Deed, which represents an outright sale for a monetary consideration. A Gift Deed is used to transfer property without payment, typically between family members out of love and affection. A Will allows for transfer after the owner's death. It is crucial to note that a Power of Attorney (PoA) does not transfer ownership title; it only gives another person the authority to act on the owner's behalf. For a legally valid transfer of title, a registered Sale or Gift Deed is mandatory. Navigating these options correctly is vital to ensure a secure transfer, a process where Advocate Vishu Kushwaha provides expert guidance to protect your interests.

Civil disputes regarding property, such as ownership contests, boundary issues, or illegal sales, can jeopardize your assets. In such cases, obtaining a stay order from a competent court in Ghaziabad is a critical first step. This temporarily halts any transaction or construction on the property until the dispute is resolved. The process involves filing a petition with strong evidence to prove the risk of irreparable harm. Advocate Vishu Kushwaha has extensive experience in property litigation, representing clients effectively to secure their rights and obtain necessary injunctions like stay orders, ensuring your property remains safe during legal proceedings.

A Gift Deed is an excellent way to transfer property to loved ones. In Ghaziabad (as per UP law), if the gift is to a defined family member (e.g., parents, spouse, children, siblings), the stamp duty is a fixed amount of just ₹5,000, plus a ₹1,000 processing fee. For all other individuals, the stamp duty is calculated at 5% of the property's market value, plus a 1% registration fee. The process requires drafting the deed, affixing photographs of the donor and donee, and registering it at the Sub-Registrar's office with two witnesses. Ensuring the deed is drafted and registered correctly is essential to its validity, a core service provided by our team.

A Power of Attorney (PoA) is a document used to delegate legal authority. A Special PoA (SPA) is for a specific task, while a General PoA (GPA) grants broad powers. It is critical to understand that the Supreme Court has ruled that PoA is not an instrument for transferring property title. While a PoA holder can execute a sale deed on behalf of the owner, they cannot become the owner through the PoA itself. Any PoA related to immovable property must be registered to be valid. We guide clients on the appropriate and legal use of PoAs to prevent future legal complications.

An MoU is a preliminary document signed between a buyer and seller before a definitive Sale Deed. It outlines the basic terms and conditions of the impending sale, such as price, payment schedule, and timeline. While an MoU itself is typically not legally binding for the transfer of title, it signifies serious intent and can be used as a basis for seeking a home loan. Stamping and registering an MoU gives it greater legal sanctity and allows it to be used as evidence in court. Advocate Vishu Kushwaha drafts robust MoUs that clearly define terms and protect clients from ambiguity.

A Special Purpose Vehicle (SPV) is a separate legal entity (usually a private limited company) created by a parent company to isolate financial risk for a specific project. In real estate development, developers use SPVs to manage large projects, attract FDI (as per FEMA and FDI policy), and protect the parent company's assets from project-specific liabilities. The SPV is governed by the Companies Act, 2013, and must comply with RERA. This structure is highly effective for large-scale developments, and we provide expert legal counsel on the formation and governance of SPVs for real estate ventures in India.