• Mutation issue

Hi,
I have purchased a property  a LIG apartment in Ghaziabad which belongs to Ghaziabad development authority in Feb 2015.I am third owner of the property.
First owner allotee>Than Seller Mr.B>Than Me..I purchased from Mr.B.
Allotee had sold the property to Mr.B via registered Mukhtarnama,Ikrarnama & Will.
Mutation is still in name of first allotee.
I have purchased it in Feb 2015 through registered sale deed.
I have taken a home loan for the property and my bank started asking me for Permission to mortgage(PTM) from GDA. For which Mutation is must to be on my name.
I approached a GDA person for mutation with all required copies of property chain,my sale deed etc.Agent told me that already in paper GDA published the news of mutation but now they are saying Allote's son (his mother is the allotee) has approached GDA and showed his objection,telling they have not sold the property, When GDA asked him to produce documents he told he has lost it.Currently GDA has stopped the procedure for mutation on my name.
Please let me know what to do.Original papers of complete property chain is with my bank and they had I think evaluated the property now how the allotee can do so when we have all the proofs regarding the property like allotment cum possession letter of allotee,all property chain documents in original.
I had met the allotee he is asking for Kharcha pani and constantly urging that he hasn't sold the property.Although still he has not submitted any written objection to GDA.

Please help & suggest further steps.
Asked 1 year ago in Property Law from Ghaziabad, Uttar Pradesh
Religion: Hindu
it is illegal extortion by the  original allottee at this stage.  Why dont you approach the vendor who sold you the property and hold him liable to get the mutation on your name from  original allottee.
The original allottee is taking advantage f your need and helplessness hence try for an amicable settlement  and get his objection withdrawn from GDAt enable you to mutate the property on your name.  If this process is not favoring you, then you may resort to due process of law by first issuing a notice to the vendor who sold you the property instructing him to cooperate to mutate the property on your name failing which he will be held responsible for  the legal consequences. This will certainly invoke some  response.
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
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1) your sale deed must be containing an indemnity clause where the seller agrees to indemnify you in case any claims are made in respect of the property 

2) ask the seller to sort out the issue with the original allotte

3) in the event original allotte refuses to withdraw his objection ask the seller to refund your money 

4) if seller refused to refund file criminal complaint of cheating criminal breach of trust against seller and allotte 
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
1. The allotee has to back up his objections with the required documents to prove that he did not sell the property. If no such documents are placed on record the process of mutation cannot be put on hold.

2. You should move the High Court to have the mutation to be carried out in your favour. There is no need to give "kharcha pani" to the allotee. Rather, engage a lawyer and bear his fee.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
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1) sale by allottee had to be registered sale deed 

2) in your case allottee has executed a power of attorney in favour of seller 

3) if as per POA allottee  had authorised seller to sell the property and he had execute sale deed in your favour you would be owner of the property 

4) the issue would be whether power of attorney was executed by allottee or not . ? Whether at time of execution of sale  deed POA was in existence or not ? 

5) SC has held that sale of property has to be by regd sale deed to confer clear and marketable title to the property 

6) you will have to file declaratory suit that you are absolute owner of property and yo direct GDA to carry out mutation of property in your name 
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
1.Please let me know since the first property transaction between Allotee and the seller was by registered power of attorney,Mukhtarnama,Ikraranama,will,can it create a problem for me in future and can be challenged in court against me.Is it equivalent to registry?

When I had purchased the property I was totally unaware about the complexity.
A legal notice to the power of attorney as first party and to the principal as a second party demanding both to rectify the problem of  mutation of revenue records of the property in your name because it becomes his duty to get the same done in your favor through concerned department as per the clauses  mentioned in the registered sale deed.




  2.Since the first transaction was using POA ,will is there anything in favor of Allotee,if I approach court against him. Someone told me POA is not considered as proper way of selling.But I have done the registry against it with seller.So is my purchase of property OK or has any loop holes which allotte can get favor of.?

You have to implead both the parties i.e., the POA agent and the principal (first allottee) while seeking relief.




3.What are the grounds on which I can approach the Honorable court against the allotee and Seller.

there is a clause in the sale deed itself that the vendor shall cooperate to get the mutation of revenue records from his name to your name, this is also a ground. 
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0

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