Gpa rules in maharashtra
Prashant
(Querist) 13 March 2013
This query is : Resolved
Respected all,
I have a querry regarding GPA.
An owner made a development agreement & GPA in the name of developer & made notary of it (not registered it with sub-registrar). The developer developed the apartment in 1995 and made Apartment Declaration of the same. The Apt. Declaration is registered with the sub-registrar.
The developer agrees to give flat to the land owner in consideration of land. He give flat to land owner as per terms. And the owner of land already sold that flat to other.
The Developer sold all other the flats in the apartment by entering into Agreement to Sale. But he had not made any Deed of Apartment Document with the purchaser, as none of them were aware of it and thought that this is final document. Developer gave possession to all purhcasers in 1995. All the money were duly received by the developer. And the land owner has not taken any objection on it.
Now, the owner of land is dead. And the purchaser are now realised the issue because of "Deemed conveyance deed scheme" by Govt. of Maharashtra.
Now, Can the purchaser made Apartment Deed as they had already paid all the required stamp duty at the time of agreement? and all the Agreements are duly registered with the sub-registrar. And all the consideration were fully realised by Developer/Owner of land.
Are the rights of the purchaser affect if they does not made any Deed of Apartment?
Please suggest...
Thanks in advance..
Devajyoti Barman
(Expert) 13 March 2013
Yes then can wherein the legal heirs of the land owner should join.
A deed of sale with them is better option.
Prashant
(Querist) 13 March 2013
Sir, the legal hairs are not showing any interest. And they have clashes in their family. So no one is ready to come with purchaser.
Devajyoti Barman
(Expert) 13 March 2013
Their title should not suffer as the agency created by unregistered POA in favour of the Developer was an agency coupled with interest.
Raj Kumar Makkad
(Expert) 13 March 2013
You all after serving a due legal notice can file a joint civil suit for specific performance of registered agreements against the legal heirs of deceased land owner but the expenses for registration are required to be borne as per current rates.
Prashant
(Querist) 14 March 2013
Thanks a lot..
