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Transfer of ownership of unregistered flat

(Querist) 14 November 2018 This query is : Resolved 
Dear Sir,
1. The property in question is a CGHS flat at Gurgaon and in the name of my brother.
2. Entire purchase price was paid out of the sale proceeds of the flat which was in the name of my mother who has expired two years back.
3. I have paid substantial amount to my brother to clear his dues from private lenders.
4. My brother's share in the property is equal to the money I have paid to him.
5. For the purpose settling the share in the property, my brother has executed a GPA in my name for putting property on rent or sell etc.

My query:
1. Whether on the basis of this GPA I can sell the property?
2. Whether I can receive sale proceeds in my name?
3. Do I have to transfer the property in my name in Registrar Office and HUDA and Society Records?
4. For completing above transfer, is it OK to mention family settlement as reason for such transfer?

Request the learned experts on property matters to clarify.
Regards.

Isaac Gabriel (Expert) 14 November 2018
Are you having the flat registered in your name?If it is Housing Society, get the clearance ie.LSCA and then proceed.
Dr J C Vashista (Expert) 15 November 2018
On the strength of GPA executed by your brother you can execute documents for sale with intending purchaser.
You can receive consideration, for and on behalf of your brother, wherein you are liable to pass on the entire amount (received in consideration) to him.
You are acting as an agent of your brother (titleholder of the property).
Q 3 & 4 can be considered after pursuing the chain of title documents.
Consult a local prudent lawyer for better appreciation of facts/ documents, guide and proceed.
Hemant Agarwal (Expert) 15 November 2018
1. Immovable Property can be Sold /Purchased ONLY via a Registered GPA. It is GPA if not registered, THEN it would be illegal.

2. Depending on the various clauses of the GPA, all related activities or conditions can be fulfilled.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com


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