Cancellation of flat by gda
Ashish Saxena
(Querist) 12 May 2014
This query is : Resolved
Dear Learned fellow professionals,
I had bought a flat in 2010 in resale, which was allotted to the original allottee in year 1990.
Now recently GDA had send show cause notice for cancellation of the same because there was violation of 1 condition mentioned in the application that allottee should not have any other property of GDA.
Whether GDA is justified in taking such action after lapse of 25 years & that too when the original allottee is nowhere in picture?
Anirudh
(Expert) 12 May 2014
Prima facie your view will succeed. But not before the Ghaziabad Development Authorities. But before appropriate civil Court.
Rajendra K Goyal
(Expert) 12 May 2014
Whether the property has been mutated in your name in the records of GDA.
Reply the notice through your lawyer and in case of need take stay from the court.
Sankaranarayanan
(Expert) 12 May 2014
Reply the notice through lawyer and act further accordingly
Ashish Saxena
(Querist) 12 May 2014
No the said property hasn't yet been mutated in my name.
But GDA has conveyed the same in favour of allottee at Sub Registrar's office, which is the public document on the basis of which I bought the property & got it registered in my name.
ajay sethi
(Expert) 12 May 2014
you are a bonafide purchaser of value . in reply to show cause notice it should be mentioned that you have purchased the flat in 2010 by registered sale deed .
T. Kalaiselvan, Advocate
(Expert) 13 May 2014
I agree with the opinions given by experts. You may follow the advises if it suits you or consult another lawyer for second opinion.
Dr J C Vashista
(Expert) 13 May 2014
Is it a leasehold or freehold property? If leasehold the reply to notice shall be different to that if it is freehold, therefore, it will be difficult to advise in the absence of material information.
GDA cannot impose such condition on resale of property, challange it in the Court.
Ashish Saxena
(Querist) 13 May 2014
It is a leasehold property & I had replied to the SCN accordingly. Is it advisable to start proceedings for obtaining Stay order or to wait for further course of action from GDA?
ajay sethi
(Expert) 13 May 2014
wait for orders to be passed BY GDA then move court for necessary reliefs . you should also ask for personal hearing by GDA
Surrender K Singal
(Expert) 14 May 2014
Getting stay against GDA'a arbitrary cancellation would strengthen your hands
Ashish Saxena
(Querist) 14 May 2014
Thanks for all the expert comments by the learned professionals. Thanks a lot
