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dda leasehold flat dispute


Hello,

My father purchased a leasehold dda flat in delhi in 2011 for around 16 lacs when the circle rate was around 11 lacs. On the onset, he wanted to sell this property at a profit in few days. So, he did not go for registering the GPA for this. Moreover, the seller was a family friend. So,he trusted him. A couple of months after this transaction, the government of Delhi stopped registering the GPA.

My father passed away in 2012 due to bad health. Now, in the current year 2015, the government has resumed the registration of GPA. So, I contacted the seller to go for it. He confirmed that they would do it. I got all the documents in place. However, on the scheduled day, he denied to do so.

Now, he says that he want it back and is asking me to sell it back to him way less than the current market price. 

There are only 3 parties for this property, 1 - Allottee 2- Seller 3- Me

The seller has a registered GPA from the allottee. The original documents and the possession of the property is with me. 

Can I bypass him and go to the allottee (diseased, mutation case, wife alive) and get the GPA registered from her after the Relinquishment Deed?

If I do so, can he challenge me legally?

Please help in clarifying.

It would be a great help.

 

Best Regards

 
Reply   
 
Lawyer at Supreme Court of India

Sir,

 

If the seller has registered GPA, it will not be advisable to bypass things. You will have to keep the seller involved. Send him a legal notice to do the same and allege him for cheating you and now not getting the registry done now.

 

Warm Regards

Kapil Chandna Advocate

9899011450


Total likes : 1 times

 
Reply   
 



@Kapil....thanks a ton!

However, just wanted to know the challenge in doing the bypass with the first party (allottee)...

Please suggest..

 

Best,

Harry

 
Reply   
 
Advocate Solicitor & Consultant

Dear Harry,

In my opinion you should not bypass the seller if he is having a registered General Power of Attorny in his name.

In case the Original allottee is alive and the GPA holder is also alive as a seller to you you have to get the registry in your name done by submitting the death certificate of your father and relinquishment deed in your favour by all his legal heirs.

You can contact us for getting the thigs done rightly in your favour without any difficulty at Delhi Sub Registrar Office.

 
Reply   
 
Lawyer

1. I respectfully differ with the experts advise. 2. More than the GPA whether there was a registered or unregistered "Agreement to Sell" or not? GPA shall have no effect on the transaction. 3. If the "Agreement to Sell" is in vogue you can get it sold/purchased from the vendor i.e., the title holder--Leasehold allottee or his attorney. 4. Show all the documents to a local lawyer.
 
Reply   
 
Advocate

I would like to make one point clear that the author has stated that the seller has a registered GPA from the allottee, whereas the allottee is no more now hence the GPA is infructuous or invalid, therefore even if the seller intends to sell the property based on the GPA it will be invalid.  The allottee's legal heirs are the persons who can sell the property and not the seller. 

Since the property is in your possession along with the documents, you may aproach the allottee's legal heirs directly, explain them the legal position and get the sale deed executed and registered. in your name directly instead of getting on your father's name and getting it transferred etc. 

 
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