Query
- ‘A’ is a housing society member since 2004 in Delhi and Execute a GPA to ‘B’ in the year 2006 for ( Govt. has restrict the transfer of membership ) future transaction and all assets and liabilities against this membership.
- Between the years 2006 and 2010, B has paid all installments to society on behalf of ‘A’
- In the year 2010 inspection was done by the GOVT/CBI and society submitted the list of members and included ‘A’s name as valid member.
- In the year 2012 Draw was conducted by the DDA and in the draw of lot house was allotted to A
- In the year 2015 (Jan) conveyance deed executed in the name of A and society has given possession letter to ‘A’
- In the month of February 2015 society has granted a membership to ‘B’ and ‘B’ has also executed a self sale Deed (Buyer and seller same) with a reference of GPA 2006 and nothing is mentioned about the allotment of flat , conveyance deed and membership in the self sale deed and also paid the stamp duty on the basis of circle rate.
- Now ‘B’ wants to sale the property to C on the basis of self sale deed. We want to know the following:
- Is it a valid sale in the absence of chain between conveyance deed and self sale deed.
- IN all Govt. record (DDA, Registrar of society) A was valid member till January 2015 and Membership also transferred from A to B in the year 2015 but sale deed not executed by A to ‘B’. Is it a valid transaction for C and execution of self sale deed.
- In the absence of any link between self sale deed and conveyance deed whether this flat is treated Free hold flat or again C have to execute Conveyance deed (Free hold charges).
- Can ‘B’ execute sale deed in favor of ‘C’ and ‘C’ will get owner ship rights without any rider.