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Nagesh (private empolyment)     22 August 2019

Non alienation clause in the lease cum sale deed and its violation

A property was allotted by BDA, to an allotte and a Lease cum Sale Agreement was entered in the year 1996 Nov and possession was also handed over. There is a Non-alienation Clause for a period of 10 years in the deed. In the year 2002 Feb, BDA executes a ABSOLUTE SALE DEED, in favour of the Allotee. In the sale deed only a reference of Lease cum Sale Deed is mentioned and not a word about non-alienation clasue. Allotte in Dec.2002 (i.e. after completion of only 6 years only) to sells the property to a third party and thereafer BDA has also issued a KHATHA. Now the question is, 1. Is selling the property within a Non-alienation period amounts to violation and there by Sale becomes null and void ? 2. Does Absolute Sale Deed, superceds Lease Cum Sale Agreement, giving absolute power to allotee to deal with the property ? can someone throw light on this.


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 2 Replies

Real Soul.... (LEGAL)     22 August 2019

Does Absolute Sale Deed, superceds Lease Cum Sale Agreement, giving absolute power to allotee to deal with the property

YES ..THAT IS IT. 

 

kavksatyanarayana (subregistrar/supdt.(retired))     22 August 2019

Yes. I agree with the advise of Mr. SOHAIL Sohail ji.


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