Dear All,
There seems to be a lot of confusion regarding fresh letters (offer to execute lease deed) issued by the authority in the last few days. I have been getting dozens of calls everyday, all of them demanding clarification on certain issues, most of which are common to all. So I’ve decided to write this post. Hopefully, this will address most doubts / queries.
However, before explaining the issues relating to recent lot of letters by the authority and possible motive behind it, let me first clarify few basics:
There are two elements of registration: (a) Stamp Papers and (b) Registration Fee.
(a) Stamp Papers: The amount of stamp papers that are to be bought depends on 3 factors: Circler Rate, Stamp Duty & Property Size. Circle Rate is decided by the district administration and Stamp Duty is decided by the state Stamp & Revenue Department.
Currently, the circle rate in Sector 18 & 20 is Rs. 17,500 per sq mtr and Stamp Duty is 7%. So if one has to purchase stamp papers for 300 sq mtr plot in Sector 18/20, the calculation will be: (Circle Rate of Rs. 17,500 x Stamp Duty of 7%) x Plot Size of 300 sq mtr = Rs. 1225 x 300 sq mtr = Rs. 3,67,500.
Same formula will apply for other plot sizes. Just multiply the plot size with Rs. 1225 and you will get the amount of stamp papers to be purchased.
(b) Registration Fee: This is also decided by state Stamp & Revenue Department. Currently the registration fee to register a lease deed is Rs. 20,100.
When the property is not constructed or is not in the state to be delivered to the allottee/tenant, naturally, the lease deed cannot be executed (as the lease rent of a property cannot begin without the property being in existence), thus the state government allows the allottees to execute an agreement in advance (normally at that time’s current circle rate), so that the government can earn the revenue in advance.
The allottee also benefits. Once the agreement-to-lease is executed, the amount of stamp papers purchased (in other words, revenue paid to the state government) are frozen and final. The circle rate of the property at the time of delivery becomes irrelevant and all the allottee is required to do at the time of registration is to make lease deed on a stamp paper of Rs. 100, have it signed by both the parties (authority & allottee), attach the agreement-to-lease executed earlier with the said stamp paper and get it registered at sub registrar’s office by paying the current registration fee.
For example: Those who executed ATL of 300 sq mtr plot in 2010, at circle rate of Rs. 5250 & stamp duty of 5%, paid Rs. 78,750 towards stamp papers and Rs. 10,100 towards registration fee. If they were to execute the registry today, they shall be required to pay Rs. Rs. 3,67,500, as the current circle rate is Rs. 17,500 and stamp duty is 7%. Also, the registration fee now is Rs. 20,100.
Lastly, those who have already executed ATL in past, will now have to only pay for (a) Stamp Paper of Rs. 100 and (b) Registration Fee of Rs. 20,100 (irrespective of plot size). However, if one was to take services of a local lawyer to prepare documents and assist in the registration process, they normally charge anywhere between Rs. 4,000 to Rs. 5000, to assist in the entire process.
Hopefully, the basics are clear now. If anyone still has any doubts, please read my earlier posts on the same topic(s). Those posts will certainly be of additional help.
Now returning to the main issue: Recent letters by the authority to execute lease deed and possible motive behind it!
As I have already informed the group in the past, the authority is in no condition to fulfil it’s recent promise to handover the possession of 14,000+ plots by March 2019. In fact, to the best of my knowledge, authority is in desperate need of money and it has not paid money to majority of it’s contractors since June-July 2018. Which is, naturally, hindering the development process.
Also, in past the authority used to provide 60 days (2 months) from the date of issue of the letter to deposit lease rent. However, in the latest lot of letters, the authority has provided 180 days (6) months to deposit lease rent. This could be because in the past, most allottees failed to deposit lease rent in 60 days, usually complaining of receiving the letter too late.
That said, it seems that the authority is tricking the allottees yet again and buying time. There has been unprecedented pressure on the authority to deliver the plots ASAP. Which the authority is clearly unable to do right now. So, the authority has started sending the letter of invitation to execute lease deed to the allottees and provided 6 months period to do so.
By doing so the authority is addressing the issue of early delivery of the plots and at the same time it is opening doors to earn the due revenue at the earliest.
However, I am completely confused and baffled, as to how the authority can take lease rent and execute the lease deed with the allottees, without being in position to provide physical possession of the property.
To me it appears (I am purely guessing & speculating), that the authority will gladly take lease rent from the allottees (thereby get money to pay the contractors) and then wait for the property to get physically developed and only then sign the lease deed. Thus, by the time allottees are able to get the lease deed registered, the authority will be in position to provide the physical possession of the plot.
Once again, this is just an educated guess. I am not too sure of what really is taking place behind the closed doors. In other words, I am yet to decipher authority’s real game plan. Un till then, it is all guess work.
What I can say or suggest confidently is that anyone deciding to submit lease rent and execute lease deed, should first confirm if the authority is in position to provide physical possession immediately after registration. And don’t rely on verbal assurances. Demand written confirmation. They best way to do so is file an RTI.
I have attached a PDF format of the RTI. Just fill the blanks and send it to the authority along with postal order of Rs. 10. The reply should not take more than 15-20 working days. Submit the lease rent and proceed to execute the lease deed only after getting the confirmation.
Few requests before I end this post:
(1) I am glad to take your calls, but please call only between 10 am and 5 pm.
(2) Please identify yourself and where you are calling from. I too deserve to know whom I am speaking with.
(3) Please make the conversations as short as possible. You can do so by first writing down the questions you want answered and ask only to-the-point questions. I honestly have no reply to “KYA CHAL RAHA HAI AAJ KAL” and similar questions.
(4) I disconnect the call only when I am busy or completely tied up. If I disconnect, I always call back as soon as I can. You don’t need to keep calling continuously.
(5) Please don’t keep sending random SMS & whatsapp messages. Sir, no one can keep replying to dozens and dozens of messages everyday. This is the reason I don’t become part of any whatsapp group.
Some of you maybe wondering why I didn’t write earlier, as I usually do. Sir/Madam I have already written about the above issues many times in the past. Was hoping older members will help the new members by answering their questions. Thus, the delay.
I hope this post will help clear some doubts.
Regards,
Safal Suri
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Safalji thanks..just one clarification require from your post..if somebody has already completed ATL and paid Rs10000 as registration fee...so do they need to pay the registration fee of Rs 20000 at the time of lease registration also.
Regards
Vaibhav
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PLC Charges
The authority is demanding PLC. Charges. The demand seems to be unjustified. There was no clause for PLC in the scheme brochure 2009 .
Further all allottee are paying instalments regularly. Authority has no handed over possession on time.Possessions is delayed for many years.Authority's has demanded extra compensation amounting to a considerable amount.
Then why authority is further demanding PLC charge. The PLC charge is added after wards .
Authority wants to charge from allottee in all possible ways but not imposing any penalty on himself for following wrong doing
1. Allotment was made without position of land under scheme.
2.ATL of allotted plots was done without possession of land.
3. Demand of PLC charge for benefit of authority .
There must be strong opposition of authority for PLC charge.
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Dear Mr. Mago
From the letter dent to you by authority following are main observations –
1. After ECI 06, you still have excessive payment of Rs. 130053 , with authority, Your ECI 07 and ECI 08 will be adjusted in that amount only. So you need not to pay ECI 07 & ECI 08. If you want to know how it will be adjusted you need to visit authority. However as a best guess, when you will ask authority to get your account statement after the due date of ECI 08, both the entries will show auto debit from your account (excess amount you have already paid).
2. This letter also clears the confusion about who will get benefit of zero period and who will not. It seems authority has given benefit to everybody ( Those who have paid all installments timely visa-vis those who have missed one or two or all the installments)
3. This letter is a conditional letter, subject to condition that in future allotee will not demand any other compensation from the authority, In case he (allotee), demands any additional compensation / or goes to the court , this letter will be automatically be withdrawn.
4. Initially it was assumed / or may be authority officials at lower level , without proper instructions from management assumed that an affidavit will be required to be submitted to avail zero period compensation, however now its clear that NO affidavit is required, authority have given benefit to all, without any application / or affidavit.
5. This decision may be due to the reason that very few allotees turned up for zero period benefit.
6. Here is also another smart move by authority, in case in future say (2020) , you decide to file a case against authority, they will cancel your zero period benefits and all of sudden you will become defaulter of few lakhs of rupees towards authority.
7. From authority point of view its very smart move since they have managed to reduce number of future litigations.
Thanks & Regards
Naveen Deep Sharma
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Can you please let me know why your sector was changed? Is there any list of such plots? My plot is in Sector 18 -2c . Earlier that was in no disputed land but they are not giving possession as it showing under disputed land list and is there possession will be given after March 2019 ….under list 4-5.
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Dear Sir
Dear Sir
<p class="MsoNormal" style="TEXT-JUSTIFY:inter-ideograph;MARGIN:0cm 0cm 0pt" alig
Dear Sir
Dear Sir
I hope this post will help clear some doubts.</
Does anyone know what days authority will be closed in Dec/Jan? Online timing shows Mon to Fri from 9:30 - 5:30 pm but I think I read somewhere on this forum that they won't entertain after 2:00 pm, correct me if I'm wrong.
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Some of you maybe wondering why I didn’t write earlier, as I usually do. Sir/Madam I have already written about the above issues many times in the past. Was hoping older members will help the new members by answering their questions. Thus, the delay.
I hope this post will help clear some doubts.
Regards,
Safal Suri
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Dear Friends, some of us hves lodged comlaint to CM of UP. Others should also do the same if agreed.
Dear Chief Minister ji,
I would like to bring your attention to recent residential scheme by Yamuna Vikas Pradhikaran. YEIDA recently launched residential scheme RRPS 02 in 2019. There seem some irregularities in draw of this scheme. While our Prime Minister ji along with you is working so hard to make system online and transparent for the bottom most Indian in society, authority did not think this way. They even did not published the list of eligible applicants on website which they used to do for other schemes. No reason why the did not do this time. Quite surprisingly, such lists for old schemes are still flashing on website but not the recent one.
There was faulty procedure for online payment collection as well this time. I applied for previous scheme RRPS 01 as well two months back which was so smooth and transparent, they used this time as NEFT or RTGS payment collection which was not linked to candidates applications. No one has the idea if their payment is successful or not as far as their candiature is concern.
So many applicants, including me, are not very much sure if our names are included in list of draw even after completing all the required formalities, preferred payment plan 1 etc.
There should be a high level inquiry to check the whole procedure for this scheme RRPS 02. Why authority changed the procedure this time in comparison to previous similar scheme RRPS 01.
The whole process should be transparent and if all above suggested concerns find correct, draw of RRPS 02 should be cancelled and a fresh draw should be conducted.
Thanks
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dear safal suri
sir stamp papers 7% will be calculated on circle rate which is 17500/-, or on total amount deposited by allottee
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By doing so the authority is addressing the issue of early delivery of the plots and at the same time it is opening doors to earn the due revenue at the earliest.
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hi sir how much time it took to reach from expressway
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