Registration of sale deed
Anjali Arya
(Querist) 17 May 2013
This query is : Resolved
Hon'ble Delhi High Court has passed Orders in our Case WP(c) 58 of 2009:
1. Directing MCD to grant permission to Lessee for subdivision a Leasehold Propery.
2. Directing MCD to grant permission to execute Registered Sale Deed by Lessee.
Whereas I have got advices that No Registered Sale Deed can be executed in respect of a Leasehold Property.
My Questions :
What shall I do ?
(Lease Deed do not put bar on transfer of title)
Anjali Arya
(Querist) 17 May 2013
Date of HC order is 7-3-2013 (copy received on 23-3-2013)
Anjali Arya
(Querist) 17 May 2013
Date of HC order is 7-3-2013 (copy received on 23-3-2013)
Raj Kumar Makkad
(Expert) 17 May 2013
It seems that High court has overlooked the basic law that the leasehold property cannot be sold rather it can be sub-leased or lease can be transferred but ownership of the property cannot be changed.
R.K Nanda
(Expert) 17 May 2013
file SLP in SC.
Anirudh
(Expert) 17 May 2013
The High Court has issued a writ of mandamus to the MCD directing it to grant permission to the petitioner for sale, within six weeks from the date of receipt of the order.
Therefore, one has to wait for the permission from the MCD.
Once permission is given by MCD, then your doubt "Whereas I have got advices that No Registered Sale Deed can be executed in respect of a Leasehold Property." will not arise.
