madhu mittal (director) 09 January 2012

sale will be effective in leasehold p

A plot of land allotted by Jaipur Development Authory on the conditions that it will be used only for residential purpose and it can not be sub-divided. But the plot is sub-divided, in one portion, a shop was made and in another portion is a residence portion. Now shop was sold on another date and registered at Registrar office and residence portion was sold and registered at registrar office on another different date.

In above conditions, when a plot which is subdivided as above and on leasehold basis and lease is for 99 years to original allottee or seller of remaining residential portion, which was purchased and got registered at registrar office in above method on 3rd june 2011, whereas the shop was sold by original allotee to some Mr. X on registry basis and Mr. X did not get it transferred in his own name from JDA, Jaipur and that Mr X sold the shop to the purchaser on 25-02-2009 on registry basis, the purchaser of both the portions of said plot is same person, but did not get transferred these two portion of said plot in Jaipur Development Authority, Jaipur by purchaser till date. The money suit was lodged in court in 2008 agaist the debtor/original allotte/seller of the remainng portion of residential plot. The suit is decreed against JD/seller on 13.05.2011. Under right to information act, JDA vide its letter dated 01-08-2011, informed that the plot is of original allottee/seller. Under execution petition order of attachment was made on 18-08-2011, the plot was attached on 19.12.2011 by Nazir. On 05-01-2011, the purchaser of two portions of same plot appeared in court with facts that she has purchased above plot in abovementioned dates 25-02-2009 and 03-06-2011, so that attachment should be got cancelled.

Whether without getting it transferred at the Jaipur Development Authority, the purchase of leasehold rights is complete on registry basis and the attachment order in abovementioned conditions should sustain or should be got canceled in your opinion .

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2 Replies

Shashikant V. Patil (Lawyer) 09 January 2012

The alleged transaction itself is illegal transaction. Since it is a JDA property, the JD/Seller has no power or rights to transfer it on a lease to a third person. The said transactons has to cancelled by court decree. File a suit for cancellation of transfer of lease of said alleged property.

sanjay kumar (BE/ LLM in Corporate Laws) 09 January 2012

In my opinion the issue is not whether the land got on lease from JDA can be sold or not because such Lease arrangements have a clause that the owner cannot sell the plot for certain years. After this period ,the Leased land is freely transferred. In this case, the issue is different.That the original allotee sub-divided the plot and sold to two different purchasers, These purchaser did not inform or took clearance from JDA and the first purchaser of the Shop has now sold the shop to the purchaser of the residential portion. So in effect that as on date ,the Plot cannot be said to be sub-divided because it is under a single owner. The only thing is that since the land is for residential purposes only, the shop is to be demolished. Further, the original allotee is liable for penal action because in contravention of Lease terms, he converted part of the land for commercial purpose and sold it by sub-dividing the plot. However, the penal action can only be in terms of the Lease Agreement and not beyond that. IMHO, the land is to be transferred to the current owner by JDA ,at best by asking him/ser to demolish the shop. JDA is free to take penal action against the original allotee as per the terms of the Lease agreement. Mr.X, who was the first buyer of the shop , has already left the scene by selling the shop to the current owner, does not come into picture.