Legal Question in Real Estate Law in India

Dear all, This is related to DDA 2010 allotment

I have been alloted flat in dda scheme 2010 I have received demand letter and have also made full payment towards flat.

now issue is my wife deserted me 2 yrs ago and after 2 years she has filed a case for which legal mediation has failed and trial is going on with in a month i will be filing divorce petition also

Now DDA is asking wife signature in conveyence deed , we approched dda and informed them about the case and requested them to remove wife name from conveyence deed but they have demanded noc from wife which s not possible

Now for giving possession dda as per ammended law is asking for conveyence deed along with other documents

Now my question is since flat is allotted in my name i have made full payment towards flat now can i can possession wihout conveyence deed submission to DDa as i have made full payment to dda and dda condition for conveyence deed can be only fullfilled if they strike my wife name out of conveyence deed otherwise it will be done after divorce which takes time so can they hold phyisal possession of flat to me for this reason though i have paid full and final payment and reason for not able to provide my wife sign is genunine and i am ready to give affidavit for same .

kind advice required


Asked on 7/07/12, 9:52 am

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

in view of your on going litigation with your wife, you may approach the civil court and seek appropriate directions against DDA for the purpose of deletion of name of wife and possession etc.

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Answered on 7/07/12, 11:19 pm
Shrichand Nahar S.V.Nahar, Advocate

Check rules of DDA and act accordingly.

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Answered on 8/06/12, 12:18 am


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