Request your advice for the captioned case of Hyderabad.
Title flow :
· SriVenkateswaraCo-operativeHouseBuilding society alloted Plot no. 23-B of the layout admeasuring 375 sqmts to K V David vide regd sale deed no. 324 of 1983.
· K V David along with his three sons a) John Kar Jithender, b) Aaron Kar Anil, c) Shadrach Kar suman entered into an unregistered development agreement cum GPA with KB Associates represented by its proprietor KB Reddy for development of the said plot and for construction of house on 17th July, 2000.
· The same got validated vide validation no. 4060/R/Val/2001 by the district registrar, Hyderabad.
· KV David along with his three sons all represented by KB Reddy of KB Associates AND KB Associates represented by KB Reddy sold portion of the house bearing MCH no. 8-2-293/82/L/23 B on plot no. 23-B, comprising of G+3 floors with built up area of 2400 sft on the plot admeasuring 155 sqyds to K.Saroja vide regd sale deed no. 3249/02.
· Later K Saroja sold the same property to V Mahesh vide regd sale deed no. 1600/2003.
· In the year 2008 , Major Company ( our customer ) bought the same property from V Mahesh vide regd sale deed no. 1976/08.
Our panel lawyer rejected the case and his comments are mentioned here
" As could be seen from the documents it appears that KV David who is the plot owner had offered the subject property in favour of KB Associates through an unregistered development agreement cum GPA which was subsequently impounded though the documents was validated later. Lacuna with regard to the registration of the document as required under section 17 of Indian registration act is not complied. There for keeping in view of the provisions of the registration act the transaction covered under the above document suffers from the defect. And as such the transaction is invalid in the eve of law. Therefore file is legally not comfortable hence rejected. "
Pls advice.
