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Lalit Joshi   23 February 2023

Development authority lda dwelling house parted in 2 through partition suit

Does development authority has any role to play if one tend to sale his part

 



Learning

 2 Replies

Pankhuri Rastogi   29 November 2024

Dear Lalit,

After carefully reading your query, I understand that you have a concern about the role of the development authority in selling the property. I would like to give you some bits of advice that might help you out.

As far as I know, development authorities play a significant role in managing and regulating all the properties that come into their jurisdiction. When any property owner tends to sell their share in the property, he must comply with all the rules and regulations that have been set by the respective authority.

Under Section 54 of the Transfer of Property Act, of 1882, all the sales of the immovable properties must be effected by the registered documents. The development authority must verify the ownership records, and make sure that no encumbrances or pending dues are there and that the property is free from all legal disputes.

Section 26 of the Urban Planning and Development Act, 1973, also imposes some responsibilities related to the transfer of the property to prevent unauthorized development.

Referring to the case of Rajinder Singh v. Delhi Development Authority (2007) would be a great idea as in this case, the court stated that the development authorities must ensure compliance with the zoning laws and prevent unauthorized transactions. Also, the case of the State of Rajasthan v. Basant Nahata (2005) emphasized the need to adhere to legal requirements in property transactions to avoid any future legal implications.

I would like to recommend that you check with the development authority as if any permissions or clearances are required. This can include NOC, clearance of any outstanding dues, or the verification of the property accomplishments with the local laws.

I hope I was able to make you understand the concept. Should you need further assistance, please feel free to connect with me on LinkedIn. (www.linkedin.com/in/pankhuri-rastogi-9221b2289)

Thank You.

Lambert Bobby   30 November 2024

Originally posted by : Pankhuri Rastogi
Dear Lalit,
After carefully reading your query, I understand that you have a concern about the role of the development authority in selling the property. I would like to give you some bits of advice that might help you out.
As far as I know, development authorities play a significant role in managing and regulating all the properties that come into their jurisdiction. When any property owner tends to sell their share in the property, he must comply with all the rules and regulations that have been set by the respective authority.
Under Section 54 of the Transfer of Property Act, of 1882, all the sales of the immovable properties must be effected by the registered documents. The development authority must verify the ownership records, and make sure that no encumbrances or pending dues are there and that the property is free from all legal disputes.
Section 26 of the Urban Planning and Development Act, 1973, also imposes some responsibilities related to the transfer of the property to prevent unauthorized development.
Referring to the case of Rajinder Singh v. Delhi Development Authority (2007) would be a great idea as in this case, the court stated that the development authorities must ensure compliance with the zoning laws and prevent unauthorized transactions. Also, the case of the State of Rajasthan v. Basant Nahata (2005) emphasized the need to adhere to legal requirements in property transactions to avoid any future legal implications.
I would like to recommend that you check with the development authority as if any permissions or clearances are required. This can include NOC, clearance of any outstanding dues, or the verification of the property accomplishments with the local laws.
I hope I was able to make you understand the concept. Should you need further assistance, please feel free to connect with me on LinkedIn. (www.linkedin.com/in/pankhuri-rastogi-9221b2289/subway surfers)
Thank You.

LDA may require approval or a “No Objection Certificate” before selling the property, especially if there are restrictions from the land grant program. It is advisable to check the LDA regulations or consult an attorney before selling.


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