Lease deed issued by the dda to the :person "a"

This query is : Resolved 
 

(Querist)
26 May 2019

Sir,

My query is as follows

1. A Property was allotted by the Delhi Development Authority to a Person "A" and Leased Deed was executed by DDA in favour of Person "A" in 1982

2. Person "A" sold this Leased property to Person "B" in 1986 and executed Registered GPA, Registered "Receipt" registered " WILL" Agreement to sail, Affidavit
3. Person "A" duly admitted the execution of these documents.

However, Court does not give value to the those Registered documents and even questioning the Execution of these documents by Person "A" to "B" and saying that Leased Property cannot be further sold by Person "A" and such execution of documents are in correct and moreover there is no recognizance in Law for even registered GPA etc. and saying that Person "B" is not Owner and "A" has executed the wrong documents.

Please provide certain judgments so that case could be saved.

Best Regards
Uday Kumar



Dr J C Vashista (Expert)
27 May 2019

Mr. Udai Kumar,
1. The Court has rightly held as DDA has not transferred title of the property in favour of lessee.
2. A lessee has no right to sell/gift or transfer the property till it is not converted into " Freehold".
3. GPA (whether registered or unregistered) has no value qua ownership/title of the property. In other words subject property can not be sold/gifted /transferred on the basis of General Power of Attorney.
4. It would be better to consult a local prudent lawyer for appreciation of facts/documents, analyse, guide and proceed.
5. However, if you feel so, contact me with relevant records (on appointment) at: Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 Cell # 9891152939 email: majjagdish@yahoo.com

Bhaskaran Advocate (Expert)
29 May 2019

If the Defendant in your case is claiming title through Sale Deed then you will have no right to claim title and possession.



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