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Prabhushankar (Taxpayer)     10 May 2010

Claim period

Here is a plot, allotted to a person (A) by coopertive society in 1982, through a sale deed. The sale deed contain the condition that the plot can't be sold for 5 years.

However, the person(A) has sold the property to another person(B) in 1984.  Now question

  1. Can a sale deed has such clause, is it valid? Since the said amount for te plot has been paid.

  Now with

  2. Person(B) is in possession of the plot from 1984, with paying the tax to the local corporation an enjoying the house for last 26 years

  3. In between person (B) has mortgaged the above plot with State Govt for loan and later has got it released

 In this case of voilation of condition in sale deed from the allotte of plot by the cooperative society, with in what time society can rise the objection.



Learning

 3 Replies

Anil Agrawal (Retired)     10 May 2010

Did the society buy the plot from a private party? Was it allotted the land by Government and if so with what condition. Write to the society and see what it says.

Isaac Gabriel (Advocate)     10 May 2010

The Housing Coop.Society is concerned about the allottment till such period when the amount is fully settled. Thereafter, the member is at will to dispose it off as he likes. Probably, it is the promissory estoppel

Prabhushankar (Taxpayer)     10 May 2010

Thanks you for your response.

From my reading of the sale deed it mentions that the

" The mentioned  is released by the City Imporvement Board".

The City Improvement Board in present Bangalore development authority, which si government one. Not sure whether the land for the layout is from Government or Private.

Appreciate, if I can know the duration, before which the society can make an issue, if any.

 


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