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Mrs . Shanta Rani (Housewife)     03 December 2011

Agreement of sale/purchase and gpa validity

Dear Experts !

What is the legal status of a person who has purchased a leased property  from one of the co-lessee on the basis of a Registered Agreement to sale/Purchase along with registered GPA?

Regards

Shanta



Learning

 3 Replies

Advocate Vishnu (Advocate)     03 December 2011

Shanta,

Any purchase made form a lesse/ (registerd or unregistered) gpa holder is not a valid sale.

1 Like

Mrs . Shanta Rani (Housewife)     04 December 2011

Thank you Mr. Vish,

Are you saying that the Sale made by a lessee of a lease hold property, by executing a registered GPA and Agreement to sale/Purchase (GPA/SA executed in 2006), is not legal ?

If so, can the person, who is claiming to be the new owner, based GPA/SA,  get his share mutated with MCD ?

and also can he ask for partition from the other lessee/s who continue to reside at the premises and have their names in the books DDA/L&DO?

Regards

Shanta

Advocate Vishnu (Advocate)     04 December 2011

Mrs.shanta rani,

Mutation is for revenue purposes only.( Property tax assessment). It does not confer any legal right to the person whose name is present in the revenue records.Seconldly, if the lessee has handed over possession of the said property, the person who has taken subsequent possession can get his name mutated as any other lessee residing in the said properties.If DDA/lessor  requests possession at the end of the lease period, whoever is residing in that place will have to hand over his possession to DDA.


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