Title of property
G
(Querist) 13 March 2012
This query is : Resolved
My friend wants to purchase a property from person who is not an original allottee of Delhi Development Authority (DDA) flat. The flat was originally allotted to a person after whose death it was substituted to his wife and two minor children in 1980. Deceased allottee's wife had sold the flat, on her behalf and as guardian of her children, through GPA to buyer No. 1 in 1980 and buyer No.1 inturn sold it to buyer No. 2 through GPA in 1984. Buyer No. 2 got it freehold in his name from DDA in 2001. Buyer No. 2 sold it to buyer No. 3 in 2012 through sale deed of the freehold property. My friend wants to purchase this property from Buyer No.3. He got the paper checked from a lawyer who raised the objection that after original allottee's death the property was substituted by DDA to his wife and minor children. She transferred the property on the basis of GPA/agreement to sell etc. But District judge permission was not obtained as the children were minor at that time.
My query is should he buy this flat or not and what are the remedies available to him for rectification of this problem as pointed out by the lawyer. It is not understood how DDA freehold the property even after this problem. What will be future repercussions if he purchase this property. Can he further sell the flat in future.
prabhakar singh
(Expert) 31 March 2012
IT WOULD NOT BE A VERY CLEAN TRANSACTION.
IF THOSE CHILDREN ARE MAJOR SINCE LAST THREE YEARS PASSED,THE DANGER IS CROSSED.
SINCE Buyer No. 2 sold it to buyer No. 3 in 2012 through sale deed of the freehold property,and your friend wants to purchase this property from Buyer No.3, he may do so by a sale deed from Buyer No.3 .
It is good your friend visited a lawyer and you on his behalf here,yes?? GG.
