Is the title of the property in message is clear ?
DS OBEROI
(Querist) 24 July 2018
This query is : Resolved
Sir,
I want to purchase a builder floor (ground floor) of 100 sq. Yds. In Delhi. The whole property measuring 200 sq. Yds. was given on lease by the government (LDO property) in the year 1963 to a person ‘A’.
Now in the year 1997 half the property was sold by person ‘A’ to two persons ‘B’ and ‘C’ vide a registered GPA (however, no paper regarding agreement to sell or consideration of the property was provided to me, only one registered GPA is provided to me in the form of photocopies).
In the year 1998 Person ‘B’ & ‘C’ constructed four floors on the property and sold Ground Floor without roof rights to person ‘D’ on the basis of registered GPA.
The said property (200 sq. Yards) was got converted from leasehold to freehold in the year 1999 by the original allottee i.e. Person ‘A’.
In the year 2014, the Ground Floor (presently held by person ‘D’) was sold to Person ‘E’ vide registered document (Registry and not on GPA) mentioning therein transactions from A to B&C, from B&C to Person D and then also mentioning the conversion of said property from leasehold to freehold by Person A.
Sir, Kindly let me know whether the title of the property is clear when the property was converted to freehold in the year 1999 by the original allottee i.e. Person ‘A’ with no further documentation and the ground floor of the property was sold by Person D when he acquired the same in the year 1998 i.e. before converting the property into freehold. Can Person ‘D’ sell the property in the year 2014 to person ‘E’ or original allottee i.e. Person ‘A’ is still the owner of freehold property.
Vijay Raj Mahajan
(Expert) 24 July 2018
Registered sale deed with the sub-registrar/Tehsildar signifies valid transfer of the immovable property. If there was actual sale deed made with paid stamp duty for the free hold property, and the sale deed was registered with sub-registrar on the payment of registration fee as applicable, than it is absolutely valid transaction, the title of the property in question clear and valid.
Dr J C Vashista
(Expert) 25 July 2018
When half of the property was sold in the year 1998 (when it was part of leased property) it can not be sold and there is "NO" clear title for the portion.
However, after getting it freehold, the transaction is valid with registered sale deed.
Show the documents to a local lawyer for better appreciation of facts, analyses, guidance and proceeding.
DS OBEROI
(Querist) 25 July 2018
Thank you Sir for the reply, however, i would like to ask one point that original allottee i.e. Person 'A' got it converted into freehold at a later date i.e. in the year 1999 (with no further documentation in favour of Person 'D') and it was sold to Persons B&C (in the year 1997) and then to Person 'D' (in the year 1998) before conversion of property into freehold. Now, is the transaction between Person 'D' to Person 'E' (registered sale with stamp duty) is valid when the orginal allottee still holds the right of freehold property in government records.
