Purchase of tamilnadu housing board property in trichy
C R Muralidharan
(Querist) 09 January 2015
This query is : Resolved
Sir, i am planning to purchase a Tamilnadu Housing Board (TNHB) property (Area/Size - Plot/Land 344 & 645 sq ft) at trichy in india. The following are
1. Plot/Land allotted by the Authorised person of the TNHB in August 2oo6 to allottee under a lease cum agreement.
2. Sale Deed is having in the name of Allottee and it was executed in April 2008 between TNHB and Allottee.
3. Allottee purchased TNHB plot through Auction.
4. Allottee is having a right to sell a plot to others?
5. TNHB is insisting to construct a building within a year, otherwise THNB is having right to get back the plot and relesse an advance and installment amount without interest to allottee under TNHB act 1961.
Above situations, I can buy a TNHB plot/land only, it is legally acceptable?.
Kindly advice in this regards.
C.R.Muralidharan, Chennai.
Isaac Gabriel
(Expert) 10 January 2015
Unless you get the sale deed from the Housing board,you cannot sell it or alienate in any manner.
Devajyoti Barman
(Expert) 10 January 2015
It is not advisable to buy a property without showing and causing necessary searches of the relevant title deeds. Online advice is not advisable.
Rajendra K Goyal
(Expert) 10 January 2015
Consult local lawyer and show him all the documents and discuss full situation.
Dr J C Vashista
(Expert) 10 January 2015
1. Show the documents to a local lawyer for your own benefit/interest for proper vetting,advise and guidance.
2. Leasehold property cannot be sold out till it is not converted into freehold.
3. Title of the property purchase in lease agreement auction is still with TNHB,how an allottee can sell it?
malipeddi jaggarao
(Expert) 10 January 2015
One has to see the allotment letter. NOrmally allottee is not entitled to sell the property unless the entire amount is paid and property is registered by TNHB. It is true that State Housing Boards put a condition that if construction is not taken place within a specified period, the allotment will be cancelled. But generally, it seldom implements this condition. Many allottees will not construct within the stipulated period. So it need not be taken seriously unless abnormal delay happened and such allottees are very few.
As regards purchase of plot from the allottee by you, when he has not acquired the title, what do you purchase from him? This is not a legal transaction.
H.M.Patnaik
(Expert) 10 January 2015
Normally the plots allotted by State Housing Boards under auction is given under a lease agreement for housing / housing-cm- commercial purposes for a specified period say for 33 yrs. or 99yrs. . In such cases ,you have to refer to the original/ certified copy of the relevant lease deed of the property offered for disposal to find out the procedure for transfer of ownership if any. If the same is provided therein, you have to enter into a lease agreement with the State Housing Board after obtaining NOC
upon completion of formalities.It may also be ensured that the present holder of the property has not mortgaged the property or created any lien over it for any purpose whatsoever before going ahead in the matter. In this rehard , assistance of an experienced local civil lawyer will be handy.
T. Kalaiselvan, Advocate
(Expert) 14 January 2015
Besides the advises of experts, it is on your own interest that you consult a local lawyer by producing all relevant documents and take his opinion before proceeding, it may be time consuming but a proper procedure.
Guest
(Expert) 14 January 2015
Well advised by Expert Mr.H.M.Patnaik.
C R Muralidharan
(Querist) 15 January 2015
Thank you sir, those who have advised me to take a better decision.
C R Muralidharan
(Querist) 15 February 2015
Sir/Madam,
I can get a solution based on the below said situation about purchase of Tamilnadu Housing Board land with building (i.e 800 Sq.Ft)in chennai from an allottee.
But, the allottee has not paid his dues to Tamilnadu Housing Board for the past 2 years.
Now, the allottee is ready to accept the money from the buyer, will settle his dues to Tamilnadu Housing Board and get the sale deed in the name of allottee and then register to the buyer name. Allottee is agreed to make an agreement.
Now, the questions are
1. It is an advisable deal to proceeds further.
2. Buyer is eligible to get bank loan about the above situation.
Thanks & Regards,
C.R.Muralidharan
Chennai.
Isaac Gabriel
(Expert) 16 February 2015
The Housin board will issue sale deed in the name of the allotte only on payment of full cost.Thereafter you can purchase it by sale deed from him.If you pay the money to the Housing board,it is risky and you should be vigilant to get the sale deed after issue of the sale deed by the Housing board.
