FAQs on Freehold Conversion of MCD Properties
1. IF A
PERSON HOLDS LEASE FOR MORE THAN ONE PROPERTY, WHETHER HE CAN SEEK CONVERSION
FOR ALL THE PROPERTIES IN ONE APPLICATION?
No. One application can be considered only for one property. Therefore, if a person holds more than one property he will have to apply separately in respect of each property.
2. WHETHER CONVERSION WILL BE GRANTED EVEN IF THERE IS UNAUTHORIZED CONSTRUCTION?
(i) Conversion will be granted to the leasehold properties if there is unauthorized construction, subject to payment of damage charges, whether earlier demanded or not and also submission of undertaking regarding either to get the compoundable deviations regularized or remove the same within the stipulated period. However, after that, the applicant will be liable for action under municipal bye-laws. The conversion to freehold in the presence of misuse/unauthorized construction does not act as a waiver of any action, which is liable to be taken under the building bye-laws by the local body. No deviations beyond permissible limits as specified under “relaxed norms” of MPD 2021 shall be considered. As regards non-compoundable deviations, the same shall be removed by the shopkeeper failing which the application for conversion is liable to be rejected.
(ii) Conversion will be allowed only when all dues including misuse charges, damages, ground rent, service/maintenance charges etc. have been paid by the applicant in respect of the property. Non-compoundable deviations are liable to be demolished prior to grant of conversion.
(iii) In case of re-entered properties conversion would be allowed only when re-entered notice has been withdrawn and the lease/allotment restored.
(iv) For the purpose of conversion, misuse charges would be liable to be paid up to the period as stipulated, even after which action against misuse would continue to be taken by the respective local bodies under the building by-laws/regulations.
(v) Conversion to freehold shall not be permitted in respect of properties involving encroachment on government/public land. These lessees would have to vacate the encroached land before consideration of the conversion application and shall also be liable to payment of occupation charges/damages for the relevant period as per prevalent rules at prescribed rates.
(vi) Conversion will be allowed to the extent of area originally allotted/leased out. For example, if the area in the lease deed is 10 sq. m., conversion is applicable only to that extent. Excess area shall not be taken into consideration and the same is liable for action under the existing municipal by-laws.
(vii) No request for regularization of unauthorized construction beyond provisions as under MPD 2021 shall be considered. Request for regularization beyond compoundable limits are liable to be rejected.
(viii) Computation of damages/misuse charges will be done in respect of unauthorized construction based on Circle Rates prevalent when the unauthorized construction had supposedly taken place.
3. IF PAST MISUSE AND UNAUTHORIZED CONSTRUCTION WERE TAKEN COGNIZANCE OF BY THE LESSOR HOW THESE CASES WILL BE HANDLED?
In respect of these properties where any amount earlier claimed by the Lessor and not paid by the lessees will have to be paid together with interest as applicable before the application for conversion can be considered. In respect of those properties where misuse and/or unauthorized construction exists, conversion may be allowed only after recovering the misuse charges and/or damages charges, irrespective of whether earlier demanded or not.
4. WHETHER CONVERSION WILL BE GRANTED IF THERE IS DISPUTE BETWEEN THE LESSOR AND THE LESSEES ABOUT PAYMENT OF CERTAIN DUES?
No, Conversion will not be granted unless any pending dispute including for payment of certain dues in respect of leasehold premises between the Lessor and the lessee is resolved.
5. WHETHER APPLICATION FOR CONVERSION CAN BE GIVEN DURING THE PENDENCY OF SUBSTITUTION/ MUTATION?
Applications can be given by the person/persons in whose names the substitution/mutation will be have to be carried out. However, these applications will be considered only on disposal of pending substitution/mutation case. On disposal of substitution/mutation case, if it is found the substitution/mutation is carried out in the name(s) of the person/persons who applied for conversion, the same application will be taken in to account, on the rates applicable as on date of substitution/mutation. Otherwise the conversion application will be rejected.
In case of any dispute between original lessee/allottee and power of Attorney holders, application for the grant of free hold rights would be entertained only after the dispute is settled.
6. WHETHER CONVERSION WILL BE GRANTED EVEN IF THE LEASE DEED IS NOT SIGNED OR REGISTERED?
i) In respect of rehabilitation colonies/markets, in cases where lease deed is not signed or executed on account of administrative delays, the conversion will be allowed. In such cases, even in case lease deed was executed but was not got registered by the Lessees for whatsoever reasons, the conversion will be allowed.
ii) However, if the lease deed was not signed or not executed for certain defaults on the part of the allottee, the conversion will not be allowed.
iii) In respect of commercial/mixed land use premises, conversion will be allowed only after the lease deed is executed and registered.
iv) In cases where applications for mutation or substitution are pending before the Lessor, conversion would be allowed only after the necessary mutation/ substitution has been carried out.
v) The conversion shall be allowed in the cases where lessee/allottee has parted with the possession of the property, provided that application for conversion is made by a person holding a valid instrument/document from lessee/allottee to alienate (sale/transfer) the property.
vi) A remission of 40% on the conversion charges will be allowed in case of conversion in favour of original lessee.
vii) The requisite conversion charges and surcharge as applicable along with processing fee of Rs.500/- (payable in cash) are required to be deposited at time of submission of application form.
viii) Mode of remittance shall be by pay order/demand draft payable at Delhi, drawn in favour of Commissioner, SDMC (South Delhi Municipal Corporation). The amount of remittance has to be rounded off to the nearest rupee.
We handle the entire process of Conversion of MCD Shops and Properties from Leasehold to Freehold.
For freehold conversion of your Property , you may Contact Us At +91-8800418408
Central Zone : Connaught Place, Connaught Circus, Barkhamba Road, Curzon Road, Hanuman Road, Janpath, Windsor place, Connaught Place Extension, Bhagwan Dass Road, Hailey Road, Hanuman Road Residential, Baird Road, Jain Mandir Road, Jantar Mantar Road, Lady Harding road, Mandir Marg, Parliament Street, Minto Road, Punchkuian Road, Bhagat Singh Market, Babar Road, Krishna Market Paharganj, Mathura Road Press, Jhandewalan, Motia khan
South Zone : Khan Market, Diplomatic Enclave, Golf links, Aurangzeb Road, Prithvi Raj Road, Tis January Marg, Retendon Road, Humanyun Road, Jor Bagh, Sunder Nagar, Defence colony, Andrews Ganj, Sadiq Nagar, R. K. Puram, Moti Bagh, Lodi Road, Lodi Estate, Aliganj, Sewa Nagar, Lajpat Nagar Facing Ring Road, Vasant Vihar, Nizamuddin, Jangpura, Kalkaji, Malviya Nagar Extension, M. B. Road
West Zone : Ajmal Khan Road, Gaffar Market, Karol Bagh, M.M Road, Rani Jhansi Market, Link Road (Karol Bagh), Desh Bandhu Gupta Market, Patel Nagar (East, West & South), Rajinder Nagar ( old & New), Rohtak Road ( Old & New), Najafgarh Industrial Area, Rameshwari Nehru Nagar, Moti Nagar, Saraj Rohilla, Tilak Nagar, Tihar I & II, Ramesh Nagar
Disclaimer: The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. The use of this web site, and the sending or receipt of information does not create an attorney-client relationship. By using this website you agree that there has been no advertisement, solicitation, invitation or inducement of any sort whatsoever from us to solicit any work through this website.
Leasehold to Freehold Conversion of L&DO property, housing society flats in Delhi from L&DO, Freehold L&DO , L&DO, DSIIDC, Freehold L&DO flats, advocate, how to
No. One application can be considered only for one property. Therefore, if a person holds more than one property he will have to apply separately in respect of each property.
2. WHETHER CONVERSION WILL BE GRANTED EVEN IF THERE IS UNAUTHORIZED CONSTRUCTION?
(i) Conversion will be granted to the leasehold properties if there is unauthorized construction, subject to payment of damage charges, whether earlier demanded or not and also submission of undertaking regarding either to get the compoundable deviations regularized or remove the same within the stipulated period. However, after that, the applicant will be liable for action under municipal bye-laws. The conversion to freehold in the presence of misuse/unauthorized construction does not act as a waiver of any action, which is liable to be taken under the building bye-laws by the local body. No deviations beyond permissible limits as specified under “relaxed norms” of MPD 2021 shall be considered. As regards non-compoundable deviations, the same shall be removed by the shopkeeper failing which the application for conversion is liable to be rejected.
(ii) Conversion will be allowed only when all dues including misuse charges, damages, ground rent, service/maintenance charges etc. have been paid by the applicant in respect of the property. Non-compoundable deviations are liable to be demolished prior to grant of conversion.
(iii) In case of re-entered properties conversion would be allowed only when re-entered notice has been withdrawn and the lease/allotment restored.
(iv) For the purpose of conversion, misuse charges would be liable to be paid up to the period as stipulated, even after which action against misuse would continue to be taken by the respective local bodies under the building by-laws/regulations.
(v) Conversion to freehold shall not be permitted in respect of properties involving encroachment on government/public land. These lessees would have to vacate the encroached land before consideration of the conversion application and shall also be liable to payment of occupation charges/damages for the relevant period as per prevalent rules at prescribed rates.
(vi) Conversion will be allowed to the extent of area originally allotted/leased out. For example, if the area in the lease deed is 10 sq. m., conversion is applicable only to that extent. Excess area shall not be taken into consideration and the same is liable for action under the existing municipal by-laws.
(vii) No request for regularization of unauthorized construction beyond provisions as under MPD 2021 shall be considered. Request for regularization beyond compoundable limits are liable to be rejected.
(viii) Computation of damages/misuse charges will be done in respect of unauthorized construction based on Circle Rates prevalent when the unauthorized construction had supposedly taken place.
3. IF PAST MISUSE AND UNAUTHORIZED CONSTRUCTION WERE TAKEN COGNIZANCE OF BY THE LESSOR HOW THESE CASES WILL BE HANDLED?
In respect of these properties where any amount earlier claimed by the Lessor and not paid by the lessees will have to be paid together with interest as applicable before the application for conversion can be considered. In respect of those properties where misuse and/or unauthorized construction exists, conversion may be allowed only after recovering the misuse charges and/or damages charges, irrespective of whether earlier demanded or not.
4. WHETHER CONVERSION WILL BE GRANTED IF THERE IS DISPUTE BETWEEN THE LESSOR AND THE LESSEES ABOUT PAYMENT OF CERTAIN DUES?
No, Conversion will not be granted unless any pending dispute including for payment of certain dues in respect of leasehold premises between the Lessor and the lessee is resolved.
5. WHETHER APPLICATION FOR CONVERSION CAN BE GIVEN DURING THE PENDENCY OF SUBSTITUTION/ MUTATION?
Applications can be given by the person/persons in whose names the substitution/mutation will be have to be carried out. However, these applications will be considered only on disposal of pending substitution/mutation case. On disposal of substitution/mutation case, if it is found the substitution/mutation is carried out in the name(s) of the person/persons who applied for conversion, the same application will be taken in to account, on the rates applicable as on date of substitution/mutation. Otherwise the conversion application will be rejected.
In case of any dispute between original lessee/allottee and power of Attorney holders, application for the grant of free hold rights would be entertained only after the dispute is settled.
6. WHETHER CONVERSION WILL BE GRANTED EVEN IF THE LEASE DEED IS NOT SIGNED OR REGISTERED?
i) In respect of rehabilitation colonies/markets, in cases where lease deed is not signed or executed on account of administrative delays, the conversion will be allowed. In such cases, even in case lease deed was executed but was not got registered by the Lessees for whatsoever reasons, the conversion will be allowed.
ii) However, if the lease deed was not signed or not executed for certain defaults on the part of the allottee, the conversion will not be allowed.
iii) In respect of commercial/mixed land use premises, conversion will be allowed only after the lease deed is executed and registered.
iv) In cases where applications for mutation or substitution are pending before the Lessor, conversion would be allowed only after the necessary mutation/ substitution has been carried out.
v) The conversion shall be allowed in the cases where lessee/allottee has parted with the possession of the property, provided that application for conversion is made by a person holding a valid instrument/document from lessee/allottee to alienate (sale/transfer) the property.
vi) A remission of 40% on the conversion charges will be allowed in case of conversion in favour of original lessee.
vii) The requisite conversion charges and surcharge as applicable along with processing fee of Rs.500/- (payable in cash) are required to be deposited at time of submission of application form.
viii) Mode of remittance shall be by pay order/demand draft payable at Delhi, drawn in favour of Commissioner, SDMC (South Delhi Municipal Corporation). The amount of remittance has to be rounded off to the nearest rupee.
We handle the entire process of Conversion of MCD Shops and Properties from Leasehold to Freehold.
For freehold conversion of your Property , you may Contact Us At +91-8800418408
Central Zone : Connaught Place, Connaught Circus, Barkhamba Road, Curzon Road, Hanuman Road, Janpath, Windsor place, Connaught Place Extension, Bhagwan Dass Road, Hailey Road, Hanuman Road Residential, Baird Road, Jain Mandir Road, Jantar Mantar Road, Lady Harding road, Mandir Marg, Parliament Street, Minto Road, Punchkuian Road, Bhagat Singh Market, Babar Road, Krishna Market Paharganj, Mathura Road Press, Jhandewalan, Motia khan
South Zone : Khan Market, Diplomatic Enclave, Golf links, Aurangzeb Road, Prithvi Raj Road, Tis January Marg, Retendon Road, Humanyun Road, Jor Bagh, Sunder Nagar, Defence colony, Andrews Ganj, Sadiq Nagar, R. K. Puram, Moti Bagh, Lodi Road, Lodi Estate, Aliganj, Sewa Nagar, Lajpat Nagar Facing Ring Road, Vasant Vihar, Nizamuddin, Jangpura, Kalkaji, Malviya Nagar Extension, M. B. Road
West Zone : Ajmal Khan Road, Gaffar Market, Karol Bagh, M.M Road, Rani Jhansi Market, Link Road (Karol Bagh), Desh Bandhu Gupta Market, Patel Nagar (East, West & South), Rajinder Nagar ( old & New), Rohtak Road ( Old & New), Najafgarh Industrial Area, Rameshwari Nehru Nagar, Moti Nagar, Saraj Rohilla, Tilak Nagar, Tihar I & II, Ramesh Nagar
Disclaimer: The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. The use of this web site, and the sending or receipt of information does not create an attorney-client relationship. By using this website you agree that there has been no advertisement, solicitation, invitation or inducement of any sort whatsoever from us to solicit any work through this website.
Leasehold to Freehold Conversion of L&DO property, housing society flats in Delhi from L&DO, Freehold L&DO , L&DO, DSIIDC, Freehold L&DO flats, advocate, how to