Vineet (Engineer) 05 August 2012
Hi All,
I have a query regarding the property of DDA . I have plot of 26mtrs in Rohini which was bought by my father 25 years back. At that time he sold small portion(9 mtrs) of plot to someone else. Now i cant sell the plot on the basis of GPA as GPA/(agreement to sell) transfers are banned. But also i cant apply for the conversion from leasehold to freehold because he opend the shop in that 9 mtr.. Tell me the way to get it convert it into freehold..???? or can i sell it?
Thanx
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 05 August 2012
1. You are always free to sell it - not via a GPA but through a registered assignment of lease.
2. Since you are in breach of the terms of lease in your favour (DDA conditions) because of that shop which has opened up, you may have to pay penalty/conversion to mixed use charges in order to get a freehold.
Vineet (Engineer) 05 August 2012
Thanx for the reply. i have 2 question.
1. Wat is registered assignment of lease?
2. According to DDA u cant open a shop in residential plot. To get it freehold u have to close that shop and build atleast 1 room. so i think it is also dificult. Plz suggest..
Vineet (Engineer) 09 August 2012
Plz Suggest??? help me out?
Sh S. Kumar (Other) 26 December 2013
Yes, you can sell it through a registered Assignment of Lease along with a registered General Power of Attorney. Conversion of plot from leasehold to freehold would not be allowed as you have sold a portion of it and have violated the terms of the lease of the plot.
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