Property bought on power of attorney
Hari Om Maheshwari
(Querist) 07 June 2012
This query is : Resolved
In the year 1989 I bought a residential flat of a leasehold property (L & D O) on registered agrement to sell + POA + WILL + possession.
The property has been mutated to my name in MCD Records. I have also been paying property tax ever since 1989 and have been residing therein.
The sellet has passed away. His legal heirs have no problem in executing the sale deed once the property becomes freehold.
Problem is the it is a leasehold property of l & D O. Though l&DO is agreeable to convert the lease into freehold property but they are insisting that any unauthorised construction on the property must be demolished. Since the entire construction is contrary to approved plan, the legal heirs do not want to even apply for conversion of leasehold property into freehold.
Kindly let me know, legally, what is my status and what action shall i take to protect my right.
rajesh kumar
ajay sethi
(Expert) 07 June 2012
you are stuck in catch 22 situation . sell the property if construction has been done contray to approved plan .
M V Gupta
(Expert) 08 June 2012
As per the Supreme court decision in the Suraj Lamp Industries case, you have no title to the property in the absence of registering sale deed or sub lease of the property. AS the building is said to have been constructed contrary to the approved plans, u may consult ur Architect whether the deviations in the construction from the approved plans can be regularized by paying penalties. If so get the same done and thereafter approach the I&DO to convert the lease hold into free hold and get the sale deed executed by the heirs of the deceased Owner.
Hari Om Maheshwari
(Querist) 11 June 2012
But I also have a registered WILL. Since the vendor has passed away, the title passes to the vendee. Hence my title to the property remains intact. As and when the property becomes freehold, I shold be able to get its title registered o my name. Is this correct ?
Kindly advice.
Rajensh
Shonee Kapoor
(Expert) 20 June 2012
Yes, your understanding is correct.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
