01) Land belongs to A and B jointly.
02) A and B = brothers.
03) A and B both died intestate.
04) C (son) and D (wife) only legal heirs of A as per Hindu Succession Act.
05) E (son) and F (wife) only legal heirs of B as per Hindu Succession Act.
06) D dies intestate.
07) C (son) only legal heir of A & D as per Hindu Succession Act
08) C, E and F got the property mutated in their names.
C, E and F enters RDA with developer G for G+3 building. In the deed it's mentioned as "Joint Venture" but registered as JDA.
09) G is a partnership firm of 2 partners, X and Y.
10) According to RDA,
C entitled to the entire 1st floor flat & 1 car parking space,
E and F jointly entitled to entire 2nd floor flat & 1 car parking space.
11) G is given marketing and selling right to all other flats and car parking spaces except the ones mentioned in Sl. No. 10 above.
12) Y has been given GPA to sell on behalf of C, E and F,
all the Developers allocation in no. 11 above (but see Sl. No. 20).
13) Flat and Car parking spaces are not marked/numbered in RDA. Also no mention of RDA in GPA.
14) G constructs according to sanctioned building plan, a G+3 building:
(i) 4 car parking spaces on the ground floor
(ii) One 2 BHK flat at the back portion of the ground floor
(iii) One 3 BHK flat at entire 1st floor (C's allocation)
(iv) One 3 BHK flat at entire 2st floor (E and F's allocation)
(v) Two 2 BHK flats at 3rd floor.
15) A clause in RDA says if construction not complete in 2 years RDA deemed cancelled and void.
2 years already over but land owners have not disputed. The Builders have also managed to sell the front facing flat on the 3rd floor!
16) A clause in RDA says that if G is able to get permission from Municipality to construct flats on the 4th floor, C will get 20 lacs, E and F jointly will get 20 lacs from G.
17) G has NOT obtained CC or partial CC. But has promised to get within a month.
18) Now E and F jointly wants to sell their entitled/allotted flat on the entire 2nd floor based on RDA.
But it is still in undivided share state and E and F have not got their entitled/allotted flat on the entire 2nd floor mutated in their names.
19) Sellers E and F have clarified that the Buyer/s will not have any right to claim the 20 lacs as mentioned in Sl. No. 16 above
and that C and G won't be party to the sale deed.
20) The GPA given by C, E and F to Y to sell is ambiguous. It does not limit the selling rights of Y.
From plain reading it seems that Y can even sell E and F's allocation!!!
How to proceed in order to purchase the flat directly from E and F?
A reply would be very helpful. Thanks.
