Can a Society, AGPA holder, register the land in its name?
1. 100+ employees of a company, in Hyderabad, gathered together to buy a land of 20 acres for plotting and Distribution of plots to each member, based on their contribution to the land. For this purpose, an Employees Welfare Society was registered in 1997 and in the same year the land was purchased.
2. Plotting was done in 1997 based on a Temporary Approval from Hyderabad Metro Development Authority (HMDA).
3. Plots were allotted to the members with a specific area and plot numbers.
4. Before getting final approval from HMDA, the AP govt issued notices under ULC and also other legal issues with the neighbouring land owners.
5. It took 16 years to win all the cases in Honourable High Court and Supreme Court
6. Meanwhile, the temporary approval given by HMDA got cancelled
7. Out of the said land of 20 acres purchased in 1997, 2 acres got registered in the name of the Employees Welfare Society directly. The balance 18 acres, the Society represented by its MC Members has entered into "Agreement of Sale cum GPA" (AGPA). AGPA is coupled with consideration.
8. In the said AGPA under INFAVOR OF SECTION, one of the sentence is as follows;
"The Vendors hereby admit and acknowledge the receipt of the money and the balance amount is payable by the vendee to vendor at the time of registration of Sale Deeds in favour of the Members of the Employees Welfare Society by the Vendee/Attorney"
9. Now the MC Committee of the Society wanted to give the whole land for development. Since 18 acres is under AGPA, MC Committee wanted to register the land in the name of the Society and then let the Society enter into Development Agreement with the Builder.
Q1. Can the Society, being AGPA holder, register the land on its name and enter into development Agreement? Is it legally tenable as AGPA clearly says that it was supposed to be registered in favour of the members of the Society?