• Can I purchase this flat

There is society in Dwarka under cooperative group housing scheme.i want to buy flat in this society.A share certificate is there is name of Mr A issued in 1984 in original.the share certificate has been endorsed to Mr b in 1997.Now in 2004 society construction completed and b became the allotte.Mr B( allotee) has given spa gpa and willl agreement to sale to Mr C.Society became freehold in 2016 and Mr c executed a conveyance deed which is signed by him and registered at registrar office.my question is. 1. Can we purchase this flat.2 can conveyance deed be executed by gpa holder.3 is share certificate is the only proof for Trans fee of membership before construction of the society.4. how can I check the document executed are original
Asked 6 years ago in Property Law
Religion: Hindu

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12 Answers

Was any registered agreement executed between A and B 

 

on what basis share certificate endorsed in favour of B 

 

it is necessaey to perise documents cited by you tp advice 

 

take search in sub registrar office and obtain copy of sale deed executed in favour of purchaser 

 

original chain of documents must be with seller 

Ajay Sethi
Advocate, Mumbai
99803 Answers
8147 Consultations

1. It appears there is no registered deed of conveyance in favour of C nor the Will in favour of Ca is Probated. if that is so then the title of C is not clear at all.

2. in that context it is not wise to buy this property in any circumstances.

3. If you indeed with to buy this property then get C and make him a  confirming party to your sale deed as well. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Hi,

All the documents, if registered, would be available in registrar office and there are certain agencies doing this work of verification also. By this mode, you may get the property documents verification done and then you may buy the property if it found genuine.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

1) You can purchase this flat.

 

2) You need to check all mutation papers and current revenue, municipal records etc are on current owners name.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. Yes you can purchase the property.

2. Yes GPA holder can execute and register a sale deed on behalf of the original owner the principal. 

3. See in CHS before only there was share transfer after it was made mandatory to transfer through conveyance deed.Further check the mutation documents and property tax documents.

4. you can seek copy of original conveyance deed executed by C. And in case your purchase said flat you need to take all originals from Mr. C and keep it with you for record.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1.  According to a Supreme Court judgement, transactions of "immovable properties" sold /purchased thru GPA is null & void.

2.  In the case instant, all further transactions also become null & void.

3.  However the property can be purchased PROVIDED all the three parties (A, B, C) sign the Registered Sale Deed, as "consenting & confirming parties".  This will regularize the illegal transaction, subject to NOC from Society and payment of any deficient Stamp Duty etc....

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Dear Sir,

 

- Pertain to documentation verification, you can check with municipal cooperation office or registrar office at record room.

- The mutation details can be found at above shared input.

- Besides, do check about all other liability i.e municipality tax, electricity bill or any other society payment pending, if any. 

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

Yes it can be executed but need to be registered. Registered Sale deed is a proof. You need a file a RTI in sub registrar office

Prashant Nayak
Advocate, Mumbai
34529 Answers
249 Consultations

Dear Sir,

1. Can we purchase this flat.
Ans: You can purchase if it is at a concessional rate.
2 can conveyance deed be executed by gpa holder.
Ans: Normally after 2011 it cannot be executed but such practice is acceptable and in your case it now nobody objected and title by adverse possession is deemed.
3 is share certificate is the only proof for Trans fee of membership before construction of the society.
Ans: Yes,
4. how can I check the document executed are original
Ans: You may physically verify the documents in the concerned departments.

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

1. the transaction of sale between B and C is not recognised by law

2. no transfer of property can take place through a GPA and Will

3. so C's title is defective

4. if you wish to buy the property then you will have to make B a party Vendor or a confirming party in your sale deed

5. mere transfer of membership in society records, without a valid registered title document made as per law, does not confer any legal title 

6. in this case even though C has a registered conveyance in his favour, but since there was no proper transfer between B and C, C's title is defective 

 

Yusuf Rampurawala
Advocate, Mumbai
7900 Answers
79 Consultations

 You first obtain the registered sale deed standing in the name of the seller and also the link documents including the share certificate originally given in the name of the original allottee.

After that obtain other relevant records and produce before a local advocate and obtain his legal opinion and if recommended you may proceed with the purchase.

 

 

T Kalaiselvan
Advocate, Vellore
89998 Answers
2496 Consultations

    1. As per the information mentioned in the present query, makes it clear that you have inquired about the property and that is very appreciable as people don’t do much at the time of buying then later regret on their decision.
    2. Yes, it is safe to buy the property as the property is registered in the records of the registrar’s office.
    3. And at that time execution of POA or GPA or SPA was allowed unlike now as it has been stopped by the SC in the year 2017.
    4. You just do one thing more if wish to, appoint a lawyer and ask him to inquire more about the property from the local police station and court records of any dispute there or not, would help you for sure.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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