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skg   26 January 2017

Self sale deed

 

Query

  1. ‘A’ is a housing society member since 2004 in Delhi and Execute a GPA to ‘B’ in the year 2006 for ( Govt. has restrict the transfer of membership ) future transaction and all assets and liabilities against this membership.
  2. Between the years 2006 and  2010,  B has paid all installments to society on behalf of ‘A’
  3. In the year 2010 inspection was done by the GOVT/CBI and society submitted the list of members and included ‘A’s name as valid member.
  4. In the year 2012 Draw was conducted by the DDA and in the draw of lot house was allotted to A
  5. In the year 2015 (Jan) conveyance deed executed in the name of A and society has given possession letter to ‘A’
  6. In the month of February 2015 society has granted a membership to ‘B’ and ‘B’ has also executed a self sale Deed (Buyer and seller same) with a reference of GPA 2006 and nothing is mentioned about the allotment of flat , conveyance deed and membership in the self sale deed and also paid the stamp duty on the basis of circle rate.
  7. Now ‘B’ wants to sale the property to C on the basis of self sale deed. We want to know the following:
  1. Is it a valid sale in the absence of chain between conveyance deed and self sale deed.
  2. IN all Govt. record (DDA, Registrar of society) A was valid member till January 2015 and Membership also transferred from A to B in the year 2015 but sale deed not executed by A to ‘B’. Is it a valid transaction for C and execution of self sale deed.
  3. In the absence of any link between self sale deed and conveyance deed whether this flat is treated Free hold flat or again C have to execute  Conveyance deed (Free hold charges).
  4. Can ‘B’ execute sale deed in favor of ‘C’ and ‘C’ will get owner ship rights without any rider.


Learning

 1 Replies

Dr J C Vashista (Advocate)     28 January 2017

Point No 6 "self sold" is invalid.

"A" is titleholder since 2015 can sell the property (flat) to "B".

On the strength of sale by "A" to "B" now "B" being titleholder (but not on the basis of POA granted by "A" in favour of "B") can sell it to "C">

Your query is manifold and confusing, discuss with a local lawyer.


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