Frequently Asked Legal Questions and Answers › Category: Property Issues › Will registering land in cents instead of square feet affect DTCP approval eligibility?

Balaji Koratoor asked 1 year ago

Will registering land in cents instead of square feet affect DTCP approval eligibility? I am writing to seek clarification and guidance regarding a property matter involving my father and his 3 of his partners. We purchased a piece of land measuring three lakh square feet. Although the land remains unregistered, we possess a power of attorney in Partner's name. Presently, certain portions of the land have been sold, leaving each partner with 40,000 square feet unsold.My primary concern is obtaining DTCP (Directorate of Town and Country Planning) approval specifically for my share of the land. However, due to the power of attorney being in Partner's name, the approval will likely be issued under his name.During my investigation at the Registrar's Office, an intriguing discovery was made. It was revealed that the land could potentially be registered in "cents" instead of square feet. Apparently, each "cent" would be equivalent to 30 cents in this case.Hence, I would appreciate your expert opinion on the following matter. If the land is registered in cents in the future, would there be any complications or obstacles when applying for DTCP approval?

Subject: Clarification on the Impact of Land Registration in Cents on DTCP Approval Eligibility

Introduction

I appreciate your detailed inquiry regarding the registration of land in cents as opposed to square feet and its potential implications on DTCP approval eligibility. I understand the complexities involved in property matters, and I am committed to providing you with the necessary guidance.

DTCP Approval: A Crucial Step in Property Development

Firstly, it's essential to acknowledge that the Directorate of Town and Country Planning (DTCP) approval is a crucial step in the development process. Moreover, This will ensure that the land adheres to planning norms and regulations. In the context of your specific situation, where the land remains unregistered, and a power of attorney is held in one of the partner's names, it is indeed a matter requiring careful consideration.

Exploring Land Registration in "Cents" vs. Square Feet

Furthermore, let's address your concern regarding the potential registration of the land in "cents" instead of square feet. The choice of units for land registration, whether in square feet or cents, is primarily a matter of local norms and regulations. In certain regions, the land may be registered in cents, where each cent is equivalent to a specific square footage, as you mentioned.

The Impact on DTCP Approval Eligibility

Moreover, in general, the unit of measurement for land registration itself may not inherently affect the eligibility for Directorate of Town and Country Planning approval. DTCP typically assesses if the property complies with zoning and regulations. If the land meets requirements, measurement units won't hinder DTCP approval.

The Role of Power of Attorney in Directorate of Town and Country Planning

Nonetheless, it's crucial to note that the power of attorney currently held in one partner's name may influence the approval process. Typically, the DTCP issues approval in the property owner's name. If the land registers in the future, the document identifies the owner. However, the DTCP approval would likely be in the registered owner's name.

Recommendations and Conclusion

Consequently, given the intricacies of your situation, I recommend consulting with a legal professional. Certainly, ensuring the power of attorney aligns with your property goals. Additionally, review local regulations to anticipate challenges in DTCP approval.