Transfer of huda property without permission
Ranvijay Chaudhary
(Querist) 10 May 2020
This query is : Resolved
Thanks to lawyers club India
Raj Kumar Makkad
(Expert) 10 May 2020
1. If the original allottee has got registered conveyance deed in his favour then he need not get any permission to sale the said property either in the shape of the plot or house but if still conveyance is yet to be registered then as per the terms of the allotment, prior permission is mandatory to transfer such plot hence if any transfer violating such mandatory provision has been made then such act of the allottee is illegal.
It is not understood how you sold the said property without having got registered conveyance-deed from HUDA (now Haryana Shahri Vikas Pradhikaran) in your name? If the same had already got registered then there is no question to set aside the said sale-deed. Even though in some cases, HUDA has initiated litigation against such sellers but the judgments are against HUDA and in favour of such sellers.
Ranvijay Chaudhary
(Querist) 10 May 2020
Thanks to R.Makkad Sir, I have got my answer from point 1. Point 2- Case is pretty complicated..
P. Venu
(Expert) 11 May 2020
There need not be much complication in the second point because it is the basic concept of law that a person cannot be prevented, on the strength of condition in an instrument or even an administrative instruction or a non statutory rule , from doing what the ordinary law allows him to do unless there is an unequivocal provision to that effect duly enacted by the competent Legislature. Even if such a law, the Constitutional Courts are unlikely uphold the same if the provision is unconstitutional, esp. as to violation of Fundamental Right.
Hence, you may ascertain if the HUDA Act specifically provides for prohibition of transfer of property sans their permission and if so, the grounds on which the High Court has did not uphold the HUDA'a contention.
Rajendra K Goyal
(Expert) 11 May 2020
The following guidelines/policies for transfer of Residential and Commercial Plots allotted by HUDA are applicable w.e.f 7.03.2000
The transfer of residential / commercial plots wherein either full payment has already been made or laid down / Schedule of payment of instalments is over., whichever is earlier, shall be allowed only through execution of conveyance deed/sale deed. However, in other cases wherein full payment of the plot has not so far been made / Schedule of payment of instalments is not yet over, a maximum four trasfers shall be allowed before final payment.
You said:
If someone violates this rule and without getting the permission of HUDA and without completing the formalities given by HUDA , If someone TRANSFERS THE HOUSE/PLOT by sale deed/ conveyance deed and court case opens between HUDA and buyer.
Reply:
As the case is pending with the court, the decision of the court would be applicable on the basis of relief claimed by HUDA.
You said:
Q- IN THE EYES OF LAW AND COURT, THIS TYPE OF PROPERTY TRANSFER IS ILLEGAL OR LEGAL? *This question relates to my court case(Not hypothetical)
Reply:
The property was allotted subject to rules / regulations / guidelines of HUDA and Government. In case of violation action can be taken based on the rules / violations.
