Buying a freehold DDA flat from a person who got through GPA
DDA allotted a flat to Mr. A in 2000 on hire purchase basis. Mr. A sold the flat to Mr. B in 2003 through GPA, sale agreement and will. Registration of GPA and will made. No Stamp duty was paid at that time. Mr. B sold the flat to Mr. C in 2006 through GPA and sale agreement which was registered and stamp duty paid. Mr. C paid Stamp duty through collector of Stamps in 2015 for the transaction made in 2003. Mr. C got freehold from DDA in March 2016.
I am willing to buy from Mr. C if papers are clear. Please clarify whether will is required from Mr. B to Mr. C at the time of transaction made in 2006 since the sale is made through sale deed and GPA (full stamp duty and registration charges paid)
Can I go ahead if there is no will available.
Asked 2 years ago in Property Law from Delhi, Delhi
First of all you should be aware that neither the Will nor the sale agreement is a valid title document.
If the C is holding GPA, then his principal should be live o this date to ratify the sale deed to be executed by C in your favor. A gpa cannot execute GPA to another person in the name of selling the property, it is invalid in the eyes of law and the supreme court has come down heavily on this.
Obtain proper legal opinion before buying the property.
1) no will is required from Bin favour of C
2) you can go ahead even if no will is available
3) A had executed registeted POA in favour of B who in turn executed regd sale deed in favour of C
4) DDA has on C application converted land into freehold in 2016
4) contact a local lawyer and have title deeds vetted by him