JALVAYU VIHAR FLAT OWNERS WELFARE ASSOCIATION

    Jalvayu Vihar, Plot no.8, Pocket-4, Builders Area, Greater Noida, U.P-201310

     0120-3512274   Email id- jvvfowa@gmail.com

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  Revised on  11 January 2025

                                                                                                         

(Total Pages 03 Only)

SOP- SALE/PURCHASE

INTRODUCTION:

 

1. Jal Vayu Vihar, Greater Noida Society has been dealing with the subject to make it acceptable in a fair manner and befitting the basic purpose for which the AFNHB procured concessional land and built houses to serve the Air Force and Naval personnel. The experience of sale/purchase at Jal Vayu Vihar Greater Noida cannot be over stated as some restrictions were brought in to stem the rot. However, these restrictions have raised certain legitimate points that require consideration and inclusion in a well laid out policy catering to futuristic demands. The policy will serve in a manner that it does not become victim of individual biases. This  be made part of Society Bye-Laws. The following paragraphs underline the policy to be adopted, after a long, arduous and well thought off process emerging out of the suggestions made by the committee tasked for the purpose and GBM decisions.

 

2.         Committee recommendations are based on the received collated opinion, inputs from large number of original allottees/purchasees.

 

ELIGIBILITY CONDITIONS:

 

3.         Personnel fulfilling the following criteria are to be permitted to purchase a dwelling unit in the Society for self-dwelling priority wise.

a)      Serving or the retired defence services personnel.

b)     Widows of defence service personnel.

c)      Civilian officer paid from the defence services estimates.

d)     Gp ’A’ and Gp’B’ officers of the Central/State Govt.

e)    Public/Private sector professionals such as medical doctors (MBBS and above), Scientists/Researchers (Post graduates/Ph.Ds. etc.), Engineers/Architects (B.Tech/B.Arch. and above), Bankers (Managers and above), Managers in private sector (MBA or equivalent qualification), University/College professors (Post graduation and above).

f)       Children and wife of the defence service personnel.

g)      Other cases will have to be decided under the provisions of discretionary powers of the JVVFOWA President as given in Para 7.

NON - ELIGIBILITY:

4.      Non-eligibility to include:-

a)      Persons of criminal background.

b)      Associated with any terrorist outfit.

c)      Members of prohibited parties and organizations.

d)      People with unknown sources of income (however rich).

e)      Not compatible as neighbor as per established norms of defence service.

f)       Person withholding or falsifying the information to manipulate sale/ purchase.

g)      Non PAN and Aadhar card holders.

h)      Non IT Payee.

i)        Academic qualification less than graduation.

j)        Persons who are bachelor/divorcee /widower/widow (with exception of widows of defence service  personnel as mentioned in sub para 3 (b).)

 

SCREENING PROCEDURE:

5.         Norms of screening each application on merit will be worked out. These norms will come into consideration right from the proposal stage to the final deal and will be strictly applicable to each and every one involved.

a)      Seller will have to provide a BIO-DATA of the purchaser. This Bio-data will have to be cleared by Screening committee and President JVVFOWA. No other activity like advance money (Bayana) or even assurance will precede this action.          

b)      Basic need of screening having been fulfilled the committee has to ensure that other legalities are properly done and information given was not falsified/manipulated for making this transaction. Screening committee is empowered to stop the transaction at any stage if found to be falsified or manipulated in any manner.

c)      Final clearance will be done to ensure that all legal formalities have been adhered to and all paper work done properly (includes issue of NOC/ NDC from Society as well as from AFNHB) representative of AFNHB (JVV designated member) will form part of the GNIDA/ AFNHB documentation clearances.

d)It is necessary that both parties i.e buyer and seller in person are present in this meeting till the end. However, in exceptional case , if the owner is not in a position to attend the meeting, he may authorize a person  through a “Registered Special Power of Attorney” (In Original). The seller (or the authorized person through Power of Attorney) must be in possession of Original Flat Registration Papers along with link documents, Aadhar Card and Pan card for verification purpose. The guidelines for “Registered Special Power of Attorney” for ‘Flat Owner Residing Abroad’ is attached as Annexure-I and for Owner residing in India is attached as Annexure-II.

MODIFICATIONS/ ALTERATION TO FLAT:

6.  Buyer has to be cautioned against any violation of UP Apartment Act 2010 Sec 6 (1,2) wherein prior written permission of other block members are essential to commence modifications and UP apartment bye laws 2011, para 38 wherein scope of modifications/ repairs are given. Society shall not permit any dilution on this account. The Buyer has to submit the Appendix ‘D’ (IMPORTANT NOTIFICATION) on a Rs 100/- non-judicial stamp paper duly notarized along with documents.

DISCRETION PRESIDENT JVVFOWA:

7.  Cases bordering the given criteria are to be referred to the President JVVFOWA. President exercising his discretion consider the case or refer the same to BOM for deliberation and final decision. The same is to be communicated in writing to seller accordingly. Decision so arrived will be final and beyond further considerations.

8.This policy supersedes all the policies or other norms in existence till date and will come in force with immediate effect. 

 

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 Annexure-I

GUIDELINES

Special Power of Attorney (SPA) for An Indian Residing Abroad

To register a ‘Special Power of Attorney’ (SPA) for an Indian residing abroad to sell a house in India, the individual needs to: execute a legally drafted SPA document, get it notarized overseas, send it to a designated representative in India who will then submit it for registration at the local Sub-Registrar's office along with necessary documents, including passport, property documents, and proof of identity of the attorney-in-fact; ensuring that all legal formalities are followed as per the Indian Registration Act, 1908. 

Key steps involved

Drafting The SPA:

 

l   Consult a lawyer to draft a detailed SPA document clearly specifying the power to sell the property, including details of the property, the sale price, and any conditions. 

l   Include personal details of the property owner (principal) and the appointed attorney-in-fact. 

Notarization Overseas:

l   Get the SPA document notarized by a notary public in the country where the individual resides. 

l   Ensure that the notary properly authenticates the signatures of the principal and witnesses. 

 

Sending Documents To India For Registration At Sub-Registrar Office:

l   Send the original notarized SPA document, along with a copy of the passport and other required property documents, to a trusted representative in India. 

 

Registration at Sub-Registrar's Ofice:

 

l   The representative in India will submit the SPA document, along with necessary supporting documents, to the relevant Sub-Registrar's office. 

l   Pay the registration fees as per the applicable stamp duty laws. 

l   The principal may need to appear before the Sub-Registrar's office via video conferencing in some cases to verify their identity.

Important points to consider:

l   Validity of SPA: Specify the duration of the SPA in the document. 

l   Witness requirements: Ensure the presence of two witnesses during the execution of the SPA. 

Power of attorney limitations: Clearly define the specific powers granted to the attorney-in-fact, ensuring they are only authorized to sell the property and not engage in any other transactions.

 

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Annexure-II

GUIDELINES

Special Power of Attorney (SPA) In India

To register a Special Power of Attorney (SPA) in India, you need to draft a document clearly outlining the specific powers granted to the attorney-in-fact, have both the principal (the person granting the power) and the attorney-in-fact sign it in the presence of witnesses, and then submit it to the relevant Sub-Registrar's office along with necessary identification documents and property proofs for registration; the SPA becomes legally valid once registered. 

Key steps involved

Drafting the SPA:

 

• Clearly define the specific powers you want to delegate to the attorney-in-fact, including the scope of their authority and any limitations. 
• Include details about the principal and the attorney-in-fact, including their full names, addresses, and identification details. 
• Mention the property details clearly in the SPA. 

 

Execution of the SPA:

 

• Both the principal and the attorney-in-fact must sign the document in the presence of at least two witnesses. 
• Witnesses should also sign and provide their identification details. 

 

Required Documents for Registration:

 

• Original SPA document 
• Identity proof of the principal and attorney-in-fact (like Aadhaar card, passport).
• Property ownership documents.
• Passport size photographs of the principal and attorney-in-fact 

 

Submission to Sub-Registrar's Office:

 

• Submit the drafted SPA along with the required documents to the appropriate Sub-Registrar's office in the jurisdiction where the property is located (if applicable). 
• Pay the necessary registration fees. 

 

Registration Process:

 

• The Sub-Registrar will verify the documents and may ask for additional information if needed. 
• Once verified, the SPA will be registered and stamped by the Sub-Registrar. 

Important points to remember:

• Specificity is key: An SPA should clearly define the specific powers granted to the attorney-in-fact to avoid any ambiguity. 
• Validity period: Specify a time frame for the SPA's validity, if required. 
• Revocation: The principal can revoke the SPA at any time by executing a separate document.