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can flat be registrared on court order?


Hi,

We have entered an agreement with Nagpur builder for buying flat in 2000 with sale of agreement ; after we got possession, original title/land owner revoked his power of attorny to builder to excute the sale-deed /registration thereby leaving our and all flats without getting registared.

We have approached consumer court which gave verdict in our favor saying dispute between title owners shall not affect flat purchasers and directed title owner to facilitate registration as per original agreement.

However the title owner is now dead, and we are worried who can execute registry now? His son says he is not liable as per court orders and not co-operating ? Can we not sell our property without this being done? Is there any provision to complete this registration unilaterally citing court verdict? I asked sub-registrar but he was not aware of such precedent...

 
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LEGAL COUNSEL

In the first place, consumer court cannot decide on a title dispute and can pass no orders directing registration. Hence the operative portion/extract of directions of the consumer court is to be seen. Secondly. was the order passed when the original owner was alive. Also was the power of attorney a POA granted to the agent for consideration ! These information would facilitate the forum members to give advice on the query

vasudevan

 
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The order was passed by Consumer Disputes Redressal Commission , Maharashtra State , The opeartive part reads It further reads, "In view of provisions of Maharsgtra Flat Ownership Act1963 read with section 203 of India Contract Act rights of flat purchaser are amly protected are safegaurded. "It is legal duty of opposite parties to execute sale deed in favour of complaint adrer having received full amount of consideration. We therefore direct the opposite party No.1 to excecure sale deed . "

 

The person was alive while order was passed , and after it as well. The Power of Attory was granted to devloper but that was revoked by title owner before registration of sale deed so as of now only title owner had authority.And revokation of PoA was actually reason for which we need to approach consumer court which said title owner has legal duty to bind agreement enetred by devloper on his behalf & thereby exceute sale deed. However after getting this verdict he left city & never replied with anything as wecould not even trace him & just now we found he is now dead.

 

Can this case fall under ownerhsip by adverse possession? Since flat is under direct possesion for over 11 years now.?

 

 
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Property due diligence 9422773303

For adverse possession min 12 years continues with the knowledge of title holder is required,In MOFA act in Maharastra tne provision of deemed conveyance is being amended u can take advantage it.


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as per the sale agreement file a suit for specific performance of contract before a civil court having jurisdiction along with the  copy of the consumer court order.  By depositing  balance sale consideration in court.  Add the general power of attorney as defendant in the suit.  Neverthless cancellation of GPA the court can execute the sale deed after deciding it on merits.


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Originally posted by :bhagwat patil
"
For adverse possession min 12 years continues with the knowledge of title holder is required,In MOFA act in Maharastra tne provision of deemed conveyance is being amended u can take advantage it.
"

Can you give more detailed of new provisions deemed conveyance under MOFA ? Like section & ref ?thanks in advance

 
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"as per the sale agreement file a suit for specific performance of contract before a civil court having jurisdiction along with the  copy of the consumer court order.  By depositing  balance sale consideration in court.  Add the general power of attorney as defendant in the suit.  Neverthless cancellation of GPA the court can execute the sale deed after deciding it on merits."

 

Is there any specific law/section under which I can file for it? Or is there any precedent to such a verdict before?

 
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