Property bought on unregistered gpa
yashpal
(Querist) 24 September 2012
This query is : Resolved
group housing property purchased on unregistered GPA in year 1997 without noc from society, from an gpa holder having regsterted gpa, . the society was never informed for this deal. But further sold on regd GPA twice, is this a valid deal?
Original allottee and first GPA holder both have died. wife of first GPA holder also died having no natural child.
Bhawani Mahapatra
(Expert) 25 September 2012
Dear Yashpal
No document can be registered on the basis of an unregistered document. So for registration of a sale deed, the GPA must be a registered one.
Similarly soon after the death of the GPA holder, the GPA becomes inoperative and the power to dispose the property cannot pass to its legalheirs in any circumstances, even in case of a regd.GPA.
yashpal
(Querist) 28 September 2012
Registration No. 350 (G.H)/1979 dt.18/12/1979
THE PATEL CO-OPERATIVE GROUP HOUSING SOCIETY LIMITED
(Registered under Delhi Co-operative Societies Act 35 of 1972)
Plot No.10, Sector-13, Rohini, Delhi – 110 085
No.PCGHS / 2012-13 / 15th September 2012
To,
Sir,
It is respectfully stated as under:
1. That one Shri L.P. Aggarwal S/o Shri G.R. Aggarwal R/o 15, Mausam Vihar, Delhi-110051 became member of the Patel Co-Operative Group Housing Society Ltd. Plot No.10, Sector-13, Rohini, Delhi-85 (Membership No.142) and a Flat bearing No.97, Category-I, at First Floor, was allotted to him and possession was handed over to him on 13.03.1994 and allotment-cum-possession letter was executed which was duly signed by the Member, President and Hony. Secretary of the Society, copies of the same are enclosed herewith (Annexure-1).
2. Shri L.P. Aggarwal sold his flat to Shri Raman Lal on 10.12.1996 via Regd GPA.
3. That Shri Raman Lal Gupta sold and transferred the said property to Shri Bharat Bansal s/o Shri Bhagwat Prasad Bansal through unregistered GPA, Agreement to Sell and other documents dated 6.1.1997. It is mentioned that Shri Raman Lal Gupta died on 1.2.1997 and his wife Shrimati Vaijanti Devi died on 3.4.2002
4. Thereafter Shri Bharat Bansal sold and transferred the said property to Shri Vikas Sharma s/o Shri Dwarka Nath Sharma through registered documents on 10.10.2008.
5. The said Shri Vikas Sharma s/o Shri Dwarka Natha Sharma, then, sold and transferred to Shri Ajay Gupta s/o Shri M. K. Gupta on 17.5.2010 through registered documents.
6. However, an Affidavit dated 12.4.2004 executed by Shri Anil Gupta who claimed to be son of Late Shri Raman Lal Gupta was submitted to the society alleging that his father was the sole and absolute owner of above said Flat No. 97 who expired on 1.2.1997 and his mother expired on 3.4.2002 and he requested in the affidavit that he may be permitted to live in the Society (Annexure 2). It is pertinent to mention that Shri Raman Lal had no natural child.
7. Another Affidavit was submitted by Shri R.K. Aggarwal, nephew of Late Shri Raman Lal Gupta asserting the same fact. Copy of the Affidavit is enclosed herewith (Annexure-3).
8. One Shri Ajay Gupta S/o Shri M.K.Gupta R/o B-8, Kewal Park, Delhi sent an application without date to the society for the transfer of Membership in his favour regarding Flat No. 97. The application was accompanied with an unattested affidavit of Shri Ajay Gupta with agreement to sell, GPA dated 17.05.2010 allegedly executed by Shri Vikas Sharma regarding the above said flat. (Annexure-4).
9. That the Society received a letter dated 9.8.2010 vide No. F.47/350/GH/NW/2192 from the office of Registrar Co-operative Societies without any enclosure (Annexure-5).
10. The reply along with photo copies of attachments on behalf of the Society was sent vide letter dated 17.8.2010 to the Office of Registrar Cooperative Societies seeking their advice. By this letter, we also requested to Shri Ajay Gupta, s/o Shri M K Gupta, r/o B-8, Keval Park, Azadpur, Delhi, to submit the ‘declaration of ownership’ from the Hon’ble Court, to avoid any claimant of ownership of said flat in future. (Annexure-6).
11. That after passing of about 15 months the Office of Registrar Co-operative Societies sent a letter dated 18.11.2011 vide No.F.47/350/GH/NW/3040 regarding reply of letter dated 17.8.2010 sent by the Society copy enclosed (Annexure-7).
12. That the society also received a legal notice in December 2010 issued by Shri Santosh Kumar Singh, Advocate, Ch. No. K-60, Tis Hazari Court addressed to the Secretary of the Society and to Shri Ajay Gupta. It was mentioned in the notice that Shri Ajay Gupta entered into an agreement to sell regarding the above said property with Shri Kartar Singh address at E-16/410, Sector-8, Rohini and Rs. 3 lakh as advance was given and possession was handed over to Shri Kartar Singh. The society was requested in the notice not to allow Shri Ajay Gupta Noticee No. 1 any No Objection Certificate for the sale of the property without the consent of Shri Kartar Singh (Annexure-8).
13. That the above said flat was occupied for about one and half year after its allotment and after that the flat was lying locked.
14. That about some time back one person came and represented himself as Ajay Gupta S/o Shri M.K. Gupta R/o B-8, Kewal Park, Azad Pur, Delhi-33 and produced photo copies of certain documents executed in his favour regarding the above said flat and also produced the previous chain which includes the Receipt, S.P.A., G.P.A., Will, Possession Letter and Agreement to Sell (registered in 1996) allegedly executed by Shri Lalta Prasad original allottee of the above said flat in favour of Shri Raman Lal Gupta. The photocopies of the documents are enclosed herewith (Annexure-9).
15. That bare perusal of the above said documents with naked eye shows that the signature of Shri Lalta Parsad appears to be different at some places and not tallied with the signature on the allotment-cum-possession letter, share certificate etc.
16. That neither Shri Lalta Parsad i.e. original allottee nor his legal heir coming forward regarding their flat from the very beginning. On the other hand, the documents produced by Shri Ajay Gupta shows the transaction of the year 1996 allegedly executed by Shri Lalta Prasad Aggarwal. It is also stated that no document regarding sale or transfer was ever produced to the society at the time of different transactions.
17. That the society apprehends that some fraud is being committed (1) Documents are not registered on 6.1.1997 for sale and transfer from Shri Raman Lal Gupta (who later died on 01.02.1997)to Shri Bharat Bansal s/o Shri Bhagwat Prasad Bansal,. His wife Shrimati Vaijanti Devi also died.
Under the above cited circumstances, it is not possible for the Managing Committee to ascertain the true ownership of the property due to different claimants.
Therefore, you are requested to depute an Investigating Officer to investigate the matter thoroughly including signature verification of Shri Lalta Parsad from appropriate forensic laboratory on the documents allegedly executed by him and also to investigate the matter thoroughly in the light of the correspondence/letters/legal notices received by the society regarding the above said Flat No. 97 and to take appropriate legal action against the persons if found involved in forging the documents of the above said flat with the intention to grab the property.
President / Secretary
Patel co-operative
Group Housing Society Ltd.
president S K Bhutani - 09818217300 - BHUTANI@INDIANOIL.IN
vice president yash pal 09810730522 yash_pal61@yahoo.com
