Legal Question in Real Estate Law in India
I was allotted 3 bedroom duplex Flat,Car garage & servant quarter(SQ).Car garage and SQ are in a separate block.Under the scheme of conversion to freehold,DDA has signed single conveyance deed listing all three and taking the total cost of all three on which stamp duty has been charged.
My question is that although flat ,garage and SQ are located physically separately,the conveyance deed is single so will I have any problems if I wish to sell them separately or will I have to sell all three to a single buyer.DDA is not willing to sign separate conveyance deeds as I am the original allotee of all three.
I shall be thankful for any views on this
3 Answers from Attorneys
a lawyer has to go through the conveyance deed in order to give an appropriate reply to your query.
Sir, the terms of your allotment would clearly show whether or not you may sell them seperately. Normally, the term is one unit and sale of unit would mean - the flat, garage and servant quarter irrespective of how they are located. The terms of your deed would show whether or not physical partition of the unit is permissible. If yes, then you may sell seperately.
If car garage and servant's quarter are attached to the flat, then they can not be sold separately.
Here attached to does not mean physically attached to, but mean allotted/given for effective or better use, occupation and enjoyment of flat.
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