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Regarding mutation of ews plot

Querist : Anonymous (Querist) 09 February 2024 This query is : Resolved 
Hi Expert ,

A non-EWS person has purchased the EWS plot (Sale Deed is done ). Now when the purchaser is asking the real estate company ( who allotted the plot) for physical possession/construction of the plot, on one hand the company is asking for the mutation in the name of the purchaser, and on the other hand it is saying that EWS plots are not eligible for mutation. What is the way ahead for the purchaser?
T. Kalaiselvan, Advocate (Expert) 10 February 2024
A non-EWS category person cannot buy an EWS plot legally. Even if they buy it, than it cannot be registered on the buyer's name & if you get it registered by any means - that registry is invalid. You cannot get bank loan on such properties.
According to the guidelines related to Economically Weaker Section (EWS) category flats, the builders select buyers through the process of lucky draw. According to the provision, once the property is purchased, the owner or the buyer cannot re-sell it before at least 5 years.

Querist : Anonymous (Querist) 10 February 2024
The buyer has purchased the property after completing 5 years, and the sales deed has been done by the registrar. Will the registry still be considered invalid? If not, please suggest the way ahead for buyer.
Querist : Anonymous (Querist) 10 February 2024
The buyer has purchased the property after completing 5 years, and the sales deed has been done by the registrar. Will the registry still be considered invalid? If not, please suggest the way ahead for buyer to get mutation or construction approval.
T. Kalaiselvan, Advocate (Expert) 11 February 2024
You were required to produce the mutation records i the name of the buyer, you may have to stake steps to obtain as per procedures of law.


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