Sale of FSI

Querist : Anonymous (Querist) 30 March 2010 This query is : Resolved
Hi,

Can a land owner (currently occupied by tenants since 40 years and not paying rents)
of the suburbs; sell FSI (1.33~2) or TDR to any xyz developer within the suburbs ?

1) Can this transaction take place and will
this transaction be treated as valid and legal ?

2) What should be the actual procedure if this kind of sale has to take place ?

Your expert advice is highly appreciated.

Thanks and Regards,

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Raj Kumar Makkad (Expert) 31 March 2010
1. It shall not be legal rather lawful eviction should be made first before handing over its vacant possession to any third party.

2. There is no legal hurdle in selling such land to anyone and tenant has just right to preemption for a period of one year and thereafter the buyer can take recourse at the seller could have done.

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