Legal Question in Real Estate Law in India

Dear Sir,

I have searched a DDA MIG flat at Dwarka, New Delhi and wants a home loan to purchase it. Now I have a query about legal valuation of the property papers. The property details is as below.

The property is alloted by DDA in 1996 to a person "A" on hire purchase basis. Thereafter person A has entered into an agreement to sell it to person "B" in 1997, The GPA, SPA and Will of this effect has been made and registered in the name of "B" in the year 1997. In the year 2004 the person B who was the owner at the time on the basis of GPA has made a Conveyance Deed in the name of original allottee i.e. person "A".

Now I wants to purchase the above property from person "B" who is in the possession of its all the original papers till date and claiming his ownership on the basis of GPA , SPA and will made in 1997.

Sir here my doubt is " As the conveyance deed of the above property has been done in year 2004 in the name of original allottee "A "and the GPA, SPA and Will are made in the year 1996. whether the title of the above property is clear in the name of person "B"? Whether I will get the home loan If I enter into an agreement to purchase the above property?"

Kindly clear my doubts.

Thanks in advance.

R S Shekhawat


Asked on 10/25/10, 11:04 pm

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

as the conveyance deed is in favour of A, then only A can sell the property to you and not B. the will, GPA and SPA do not confer the title upon B as even if you purchase from B, tomorrow, A can claim his ownership of the property. it is A who has to execute the Sale deed in your favour and not B. in case A executes the deed and receives consideration, B would file the suit on the basis of documents like GPA etc....better dump the deal.

Read more
Answered on 10/25/10, 11:41 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in India