Registered sale deed of leasehold property
Anjali Arya
(Querist) 13 March 2013
This query is : Resolved
In our case Delhi High Court has ordered MCD to grant permission for sale of a Leasehold Property through Registered Sale Deed.
[WP(c) 58/2009 (Order Attached) - we are Respondent No. 2]
Questions
1. Whether Registered Sale Deed can be executed in respect of a Lease Hold Property in Delhi ?
2. If No, Whether High Court can pass such orders ?
3. What shall we do ? Shall we file a LPA ?
Note :
We also, had purchased the Leasehold Property in 1969, from Original Lessee, through Registered Sale Deed.
Anjali Arya
(Querist) 13 March 2013
Our Counsel says that, Our "Registered Sale Deed" is actually a Registered Agreement to Sell only.
And no Sale Deed can be registered unless it is converted to Freehold.
I am wondering then, how can High Court can order such illegality ?
prabhakar singh
(Expert) 13 March 2013
But i do not find the order here to scrutinize about it's propitiatory under law.
prabhakar singh
(Expert) 13 March 2013
Otherwise my answers are:
1.No.
2.Should not,might be misled.(no order attached to examine why so was done),
3.If aggrieved ,knock the door of Apex court.
Devajyoti Barman
(Expert) 13 March 2013
Yes it is valid and the proper term should have been deed of assignment. It is definitely not agreement for sale.
