Upgrad LLM

impact on gpa/sa/will of nct government circular

I have recently inherited 2 floors of a lease hold (L&DO 99 years perpetual Lease) plotted property. This dwelling is on the plotted land and was constructed in 1960 and has not undergone any structural changes since then. This is a ground plus 2 floor property and is located in NCT. While the ground floor was inherited by my uncle, the first floor and barasati floor came to my father vide a family understanding. The property

Recently, a third person has approached me and offered to rebuild the property. He claims that he has acquired my uncle’s share in the property in the year 2009. He is suggesting that I could either opt for collaboration and take floors of the proposed new structure or sell my share in the land to him. According to him, he has 50% share in the land, even though I have 2 floors of a 3 floor property/building (residential dwelling) and my uncle had just the ground floor. As per the records of L&DO (Govt of India) it is my uncle and I who are the co-lessee as on May 2011. My Uncle seems to have sold this property on GPA/SA/Will basis.

My questions…

  1. Can my Uncle sell the leasehold .property to a stranger on GPA/SA/Will basis without my written consent or prior permission from L&DO? What are the legal implications?
  2. In light of the recent Supreme Court Judgement and the circular issued by Delhi Government on 27th April 2012, what is the legal status of the buyer? What recourse can he take to protect his interest that may be of info/interest to me?
  3. What is my legal position?
  4. Can I retain the dwelling on an as is where is basis without and litigation?
  5. While I want to retain the dwelling on an as is where is basis, just in case, I opt for collaboration, what is the best deal that I can ask for legally?



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