• Sra flat purchase

Hi,
My sister's husband has purchase SRA Flat during chawl stage from one Old Lady in Y 2015 with Irrevocable power of attorney. Possesion of building given in February Y 2017& SRA started distributing Allotment letter to owners , that old lady(Previous owner) died just 6-7 days before allotment letter distribution date. She has two sons & one daughter who are staying in mumbai . Allotment letter is still with SRA .

I want to know that how can my sister's husband transfer this flat on his own name after locking period of 10 years .
 
Regards,
Sanjay Sawant
Mumbai
Asked 6 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

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10 Answers

on demise of lady her 2 sons and one daughter would be legal heirs 

 

2) flat would be transferred in name of legal heirs 

 

3) POA ceases on death of lady unless coupled with consideration 

 

4) the flat could not have been sold by lady for period of 10 years 

Ajay Sethi
Advocate, Mumbai
99791 Answers
8147 Consultations

1. as the owner has passed away, her legal heirs will be required to obtain letters of administration of High Court

2. the property can then be transferred to your sister's husband's name on obtaining the LA by the legal heirs of previous owner who will enter into a transfer deed with your sister's husband, subject to NOC from SRA if required

3. if SRA does not insist for LA then the legal heirs can transfer the flat to your sister's husband under a registered document provided NOC of SRA, if any, is required for such transfer

4. the POA given by previous owner is now of no use upon her death

Yusuf Rampurawala
Advocate, Mumbai
7900 Answers
79 Consultations

He needs do the sale deed with that lady earlier or her legal heir. If mhada has not provided allotment letter in the name of your brother in law then it will be very difficult for him to get the allotment letter in his name. He needs to approach the court for the same. He may have possession but he will have difficulty in selling it in future legally

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

See POA is not valid after the death of the principal since she demised he cannot transfer same.

The legal heirs if they wish can transfer same and can also deny doing so.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Title dose not trasfer through GPA, Letter will issue in that lady name and now in her legal heirs. IPOA is not revocable and better ask him to execute sale deed in his favor.

IPOA executes to evade stamp duty, To have clear title, Sale deed is must.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

Hello, 

Please clarify as to what do you mean by 'after locking period of 10 years'. 

 

Regards 

 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

According to rules and regulations issued by SRA in its official website, the following points are mandatory:

  • Once the beneficiaries are allotted a property, they cannot sell as there is a lock-in period of 10 years. The same rule applies to the builders.
  • In case any transaction happens after 10 years, the state government is entitled to get a share of the sale value. This is known as a transaction fee and will be deemed necessary in the registration of the documents of sale. The fee will be equal to the maximum stamp duty on the property, or Rs one lakh, whichever is more. For industrial and commercial tenements, the cap for transfer fee will be Rs two lakh and Rs three lakh, respectively.
  • The buyer is required to submit a domicile certificate for purchasing an SRA flat. He or his family members should not own a house within Brihanmumbai Municipal Corporation (BMC) limits. In addition, the buyer and the original seller is not entitled to buy any SRA flat.
  • The buyer should belong to Economically Weaker Section (EWS), Lower Income Group (LIG) or Middle Income Group (MIG). The sale deed will be made in the name of both husband and wife, wherever applicable. No partnership firms or organisations will be allowed to purchase SRA homes.

 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

your sisters husband transaction regarding purchase was illegal, original allottee can not sell the flat for 10 years. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear 

The POA became invalid after death of the lady.

Your sister's husband have to file a declaratory suit for the property which he has purchased from the lady with irrevocable POA.

The suit will be filed on legal heirs of the lady. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

The legal heirs of the deceased allotted have to execute the registered sale deed in favor of your brother in law. 

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

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