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AJ Agarwal (Self)     28 October 2013

Sub-division of freehold property for selling

The whole thing is like this : The property (a house) was taken by me from a Development Authrity (Kanpur Dvelopment Authority). I have also got it freehold done by paying requisite charges to KDA, and I have all the papers in my name. But when I am selling it by dividing in 2 portions, I am being told by the buyers, that first I have to approach the court to get it bifurcated. I am puzzled on this issue - if this is really the case, then what is the meaning of FREEHOLD then ? Do I have to really approach the courts or KDA or nagrmahapalika for bifurcation ? - Awaiting expert advice, Regards,



Learning

 3 Replies

BAALASUBRAMANNYAMM (Advocate)     02 November 2013

If you are a rightful owner of the said house, in case if you  want to bifurcate into two portions and if you want to sell a single portion, there is no need to get any permission from court. If any buyer needs, a No Objection Certificate in this regard, from KDA, you can get it. 

AJ Agarwal (Self)     03 November 2013

All this problem started when after getting my plot freeold done by paying rquisite charges of KDA Kanpur Development Authority, I tried selling half portion of it. The prosective buyer approached KDA to find out whether I could divide & sell, KDA saying that plot is now freehold, just declined any of their role in it, and said one has to approach the courts now for bifurcation

I was hoping that in this learned group of law experts here, I will get the solution as to whom /which competent authority or which court to aproach and how

I am still in dark

BAALASUBRAMANNYAMM (Advocate)     04 November 2013

Ask them, who wants court order, in writing so as to enable you to approach court.You should have a recorded evidence, before approaching court.


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