Hi,
You may buy that flat.
Sir I am going to purchase a flat in Dwarka sec 22 in CGHS society.The allotee have given power of attorney in 2005 to Mr b.and b has registered conveyance deed executed by mr b.issued by dda and registerar in 2017.can we buy this flat
How can membership be transferred in case of CGHS society when on land has been alloted.is it on the base of share certificate only
Conveyance deed can be executed by GPA holder
check whether OC has been issued all property taxes paid or not
contact a local lawyer
Sale deed is executed by flat owner in favour of purchaser
apply to society for transfer of share certificate in favour of purchaser
1. First check whether share certificate was allotted in the name of your seller or not.
2. The transfer deed on the basis of a registered GPA s otherwise valid.
3. However without seeing all papers physically it is difficult to advise on clear title of the property and hence do get these checked by a local advocate.
4. Talk to the secretary of the society to verify his title and mode of transfer of the share certificate.
Yes if there was a power of attorney based on same a deed was executed then you can go ahead and purchase the flat if there is no dispute pending on same.
It can be transferred through sale as previously in CHS only shares were transferred and based on same share certificate was given but now it is mandatory to register conveyance deed for transfer in CHS along the transfer of share certificate.
1. It is immaterial IF the POA holder has executed the Sale Deed, which would be legitimate enough, PROVIDED the Sale Deed is properly Stamp Duty paid & Registered.
2. Property is conveyed under "Transfer of Property Act"
3. Membership is transferred under the Societies Act.
4. Both above are independent and have nothing to do with each other.
Dear Sir,
- You can proceed with same, however do ensure to check the property documents properly and get it check by Society and CGHS office.
- Also check if previous owner has cleared all the liability in terms of Water Bill, Electricity Bill and Society/ Maintenance bill etc.
Regards
Vivek Arya
If the power of attorney deed is still effective i.e., if the principal of the power agent is alive and the POA deed is still in force, then you can go for the purchase provided all other aspects are found to be satisfactory, you may get a legal opinion from a local lawyer also to be doubly confirmed.
The membership in the CGHS can be transferred to the name of the purchaser by the seller giving NOC to this and the buyer complies with the necessary formalities ion this regard including the payment of transfer fee.