Sushil Kumar Bhatia (Advocate) 16 January 2009

Allotment of society land

A Society constituted by the members and a piece of land purchased by the said society and the land was parted in different size &allotted amongst the members in their individual names and members constructed the independent house on their respected allotted land Now one of member wants to sell his house with land and purchaser is demanding the sale deed instead of allotment How it can be accepted that allotment of land is deemed to be sale deed.In transaction the society has no objection.

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3 Replies

Sanjeev Tewatia (Advocate) 17 January 2009

Sir,

if Society done an Conveyance Deed for their portion in favour its member who want to sale their proeprty/share then i think there are no any problem because in our city i.e. Faridabad (Haryana) many society done like that and members sold their share such like that. or go through the memorandum of article & association of the society

Sanjeev Tewatia Advocate

Faridabad (Haryana) 121006

sanjeev murthy desai (Advocate) 17 January 2009

Dear Sir,

It is necesary to have the sale deed executed by Society in favour of allottee when sites allotted to the members.

Firstly you have the sale deed of allotee otherwise You can make the partis of Society as the Vendors or confirming party in the execution of the Sale Deed of proposed purchaser to convey the good title of the property.

sanjeev desai

sanjay singh thakur (advocate) 19 January 2009

Dear Sir

I fully agree with Mr. Sanjeev Desai this is because as per law the property in question should have been registered by the Society concerned in favour of the allotted member. Mr. Sanjeev Tewatia talk of practice in a certain locality but such practice cannot be said to be in accordance with law as per provisions of The TP Act.