Purchase of Plot
Kumar Doab
(Querist) 10 April 2010
This query is : Open
A was allotted a residential plot by State Urban Development Authority in 1986, by a letter of allotment. The Authority has set a time schedule to construct the house on this plot or pay Non Construction charges but A did not construct the house on this plot, and died. His wife B by a transfer letter got the plot was transferred in the name of B and her two sons, but till date B has not got the registry of the plot done in the name of allot tees from authority. The Authority has been extending the time limit for the construction, and as per the last letter the allottees were advised to complete the construction by 31st, Dec2009. For the registry the alotteess were to pay all the accumulated Non Construction Charges, then obtain NDC ( No Dues certificate) from Authority, and then only the Authority would have allowed the registry of the plot in the name of allottees.
After the registry the aloottes could have become the owner of the plot, and could either complete the construction by 31st, Dec2009, or could sell the plot after obtaining NOC from the authority.
As on date the Authority has not received any policy from their Head Office clarifying whether any further extension has to be given to the allottees for completing the construction, after 31st, Dec2009 or these plots are to be resumed, and therefore are not accepting any payment of Non Construction charges and hence are not issuing any NOC, NDC, and registry.
As per the locally available feedback the State Urban Development Authority, usually does not resume the plots and gives the extension.
B states she does not have enough money to pay the Non Construction Charges and for Obtaining NOC, and cost of registry, B wants the interested buyer to first give her some token money (Sain) and then enter into a purchase agreement with her (Biana), and pay her 20% (Rs.2 lac) of the agreed cost of Rs.10 Lac, after which she will get the registry in her name, and after the registry she will sell the plot.
Kindly advice on queries:
It is not known two sons of B are major or minor. What Legal formalities B has to complete to sell the plot.
Untill the Authority gets a clear policy to allow further extension or resume plot, should any buyer enter into Biana. What precautions Buyer should take. What should be the legal language of the Sain and Biana in this case? How much time for the registry and payment should be fixed?
The Biana should be written on ordinary paper or stamp paper. If it should be written on stamp paper, who should purchase it, buyer or seller or both jointly, and should this Biana be registered in the Suvidha Centre and how many witness from the side of seller and buyer should sign.
The interested buyer has seen the photocopy of the allotment letter, through the property dealer, in the name of B and her two sons, in which it is written that construction should be completed by 31st, Dec2009 , but it is not written that if not completed the plot shall be resumed, and it is not known to him the two sons are major or minor, and he is interested to buy this property, and is being advised by the dealer and others that right now B is need of money and cost of plot is Rs. 2 Lac less than market price, and he should enter into Sain and Biana so that he gets the first right to buy this property, as and when Authority gets a clear policy to allow further extension.
In case the authority decides to resume the plot, can the buyer claim that he was not aware of the fact that this plot can be resumed? And how can he get double the amount of Biana from the allottees.
Can the buyer be cheated in this case?
Kindly advise.
