1. after the flat was allotted to A by MHADA, there was a restriction against him from selling the allotted house within 5 years from the date of its allotment
2. thus without NOC of MHADA, A could not sell the flat to B before expiry of the stipulated period
3. thus the first transaction from A to B is invalid and illegal in the eyes of law
4. as a consequence all subsequent transactions will also be equally hit
5. the first step in this case is to regularise the transfer from A to B by getting MHADA NOC
6. Once that is done, then A and B will have to register a sale deed between them which will properly transfer the title from A to B.
7. As the agreement between A and B was not stamped and not registered, first full stamp duty with penalty has to be paid on that agreement and then they can register a formal sale deed on Rs. 100 stamp paper
8. then B sold the flat to C. For that there was an agreement which came to be duly stamped under amnesty scheme. Now for C to get the title, B will have to register a formal sale deed with him
9. Only after above steps are done, can C have a clear and marketable title to sell the flat D
10. In the sale deed to be executed between C and D, it is advisable if A and B join as confirming parties
11. If A is not available or traceable, then before proceeding with the transaction it is prudent to issue public notice in local newspapers informing about the proposed sale from C to D
12. If no objection is received to this public notice, then C can register sale deed with D with B joining as a confirming party