JDA, GPA
Querist :
Anonymous
(Querist) 15 November 2010
This query is : Resolved
Resp. Experts:
Builder has JDA with land owners but NO explicit GPA to sell his share of flats and corresponding Undivided Share of Land. Land Owners are refusing to transfer title to buyers on ground of no GPA with builder and other possibly malafide grounds like non-receipt of OC (Occupancy Certificate). Buyers have paid huge advances and some even full payment to builder and builder has given possession but is not able to register and convey title/transfer khata. Please tell me way out of this muddle? Is a seperate GPA necessary in favour of builder? JDA however has clause to that effect implied viz., that he (builder) CAN sell his share of flats.
Is OC a stautory requirement for registration? It can be taken even after title is transfered, is it not?
Confused pls help.
Raj Kumar Makkad
(Expert) 15 November 2010
The registration of the share can also be got registered and there is no pre-requirement of occupancy certificate. If sellers are refusing to get the registered sale-deed executed in favour of buyers through builder (though he may be GPA holders of buyers) then it is clear case of specific performance. I think there might not be any such clause of agreement to sale. Issue notice to the sellers failing which file civil suit.
Querist :
Anonymous
(Querist) 15 November 2010
Resp Sirs:
I want to specifically know if a builder is LEGALLY EMPOWERED to take money from public buyers if he does NOT have a GPA from the original land owners? He just has a JDA (which includes a suggestive clause that he CAN sell) and does the scope of such a JDA confer the legal right to sell flats? If NO can I bring a PCR on him for cheating/fraud and bring the Police in for IPC 420/415/418 etc.,? This could be a faster way of getting back our hard earned money from the unscrupolous builder/land owners rather than go for a lengthy civil litigation. There is a conspiracy here, I feel? The SALE agreement is mum on this complication.
