Legal Question in Real Estate Law in India

I have purchased a leased plot of land of MHADA from someone, MHADA has given their NOC for selling the plot. The sale deed was registered after paying proper stamp duty. Now MHADA officials say that I can be the legal owner of the plot only after a Deed of assignment is executed and registered which shall also be signed by the original allottee. What shall be the status if the original allottee does not cooperate now. The lease did shall expire in 2014. Why MHADA cannot mutate the property in my name when the original allottee has already sold the rights to me, and MHADA also issued NOC in my name.


Asked on 12/07/12, 8:13 pm

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

12.12.2012

Dear Sir / Madam,

If the lease of the plot of land has already been converted to a sale of the plot of land by you having paid the full consideration to the lessee with the consent of MHADA, there are several high court rulings stating no further permission from MHADA is required to develop the plot of land already conveyed by MHADA in your name. No deed of assignment is required to be furnished by you to MHADA.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 12/12/12, 3:54 am
Shrichand Nahar S.V.Nahar, Advocate

If plot is a leasehold property, then proper way of transfer is assignment.

However, if you have committed some error in type / nature of document, then you may discuss the matter with MAHADA for solution or else approach court.

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Answered on 1/16/13, 3:15 am


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