135,539+ Members
   Get Started   Today's Posts Search Today's Posts Mark Forums Read
IREF® Real Estate in India - Property Discussion
IREF® - Indian Real Estate Forum > Real Estate Open House > Indian Property Laws > Leasehold property
Like Tree1Likes
  • 1 Post By investor81

Reply
 
LinkBack Thread Tools Search this Thread
Old May 23 2013, 10:51 AM   #1
New Member
 
Join Date: Feb 2012
Posts: 16
Likes Received: 0
Likes Given: 1
Icon18 Leasehold property

Hi,

Need some help on legal issues.

We have a floor on leasehold from L&DO in Delhi. The lease in L&DO records is in my Father and my Aunt's (Bua's) name. This is how the property title has been transferred to my name...

1. My Bua signed off her interest to my Father in 1995 through a registered Agreement to Sell
2. My Father died in year 1997 without leaving a will (Intestate)
3. My Mother also died in year 2011 without a will
4. My Sisters (the only other legal heirs to my Father's estate) signed off a relinquishment deed in my favour

Now I want to sell the floor to someone. I know that as of now GPA sales are disallowed in Delhi. However, due to a recent high court order, GPA sales should open up soon.

Now my question is that once GPA sales open up, can I sell the house without getting having the lease changed in L&DO records to my name?

Thanks,
K

  Reply With Quote
Old May 24 2013, 02:30 AM   #2
New Member
 
Join Date: Jul 2012
Location: new delhi
Posts: 47
Likes Received: 2
Likes Given: 0
My Mood: Confused
Default

yes u can sell it If the GPA opens...as what a high court say's it's still not clear that wheather the GPA can be tranferred as a sale deed if a land is freehold...or a simple GPA tranfer with Stamp Duty....now coming to ur question....yes u can sell ur Floor easily with all the documents...and declaring the legal heirs ...but a buyer will always be in a confusion that there was anyy other member ur father had...is there any will given by ur grandfther to ur father if it is an ancestrol property or not....many questions.....give all details like is it an ancestrol property or ur father self owned....how many memebers ur father had in his family...so den i wil be able to clear ur doubts
boughtin3c likes this.
  Reply With Quote
Old May 24 2013, 08:35 PM   #3
New Member
 
Join Date: Feb 2012
Posts: 16
Likes Received: 0
Likes Given: 1
Default

Hi Investor81,

Appreciate you taking time out to help me!! Let me give you the complete history step by step...

1. The property was originally leased out to my Grandmother, Father & Uncle. This was around the time of partition. The property had ground floor and first floor then (all owned by us).

2. My Grandmother died intestate in 1972. She had 3 legal heirs – my Father, my Uncle (who was there in L&DO records) and my Aunt (Bua). Since the laws then did not mandate inheritance to married daughters, the property was transferred to my Father and my Uncle’s names in L&DO records.

3. My Uncle transferred his interest in the property to my Father and Bua through a relinquishment deed. This was also affected in L&DO records through mutation. This is the last change carried out in L&DO records.

4. In 1995, my Bua signed off her interest in the property to my Father through a registered Agreement to Sell/GPA/SPA/Will. However, this change did not reflect in L&DO records.

5. My Father constructed 2nd floor on the property. The ground floor and 2nd floors were then sold off (proceeds of ground floor went to my Uncle’s family).

6. My Father died intestate in 1997. My Mother, 2 Sisters and I are his legal heirs.

7. Possibly this is inconsequential – person owning the 2nd floor constructed a 3rd floor on the property.

8. My Mother also died intestate in 2011.

9. Both Sisters transferred their shares in the property to me through registered relinquishment deed in 2012.


Kindly note that in L&DO records, first floor unit is still in my Father and Bua’s names. Due to some archaic laws, L&DO refuses to acknowledge the presence of 2nd & 3rd floors unless they are owned by the person owning 1st floor. Therefore, mutation of the first floor in my name is not possible.

As per my understanding, papers leading up to my ownership are clear. Kindly suggest if I can sell the floor through GPA etc if it does open up.

Thanks,
K
  Reply With Quote
Old May 26 2013, 04:48 AM   #4
New Member
 
Join Date: Jul 2012
Location: new delhi
Posts: 47
Likes Received: 2
Likes Given: 0
My Mood: Confused
Default

well boughtin3c...all your points are understood ( as what u described ) according to this it means that u own a first floor....
1. As u have a RD from ur sis and ur father had also a RD so it is clear that a floor is in ur name now.

2. yes u can sell it easily as a GPA but Registered GPA ( if opens ) ...by paying a Stamp duty ....

3. u will have all the documents in ORIGINAL as a buyer will ask for it...NO COPY

Now coming to main part....as it is a GPA transaction so do u have a GPA transferred by your Father in ur name or in ur mother name....as what prev. GPA means right to sell...right to rent...right to transfer.....
so if u have any GPA tranferred by ur father to u then there will be no question arised by anyone in selling part.

now on the other side....if u don't have any GPA
then there will be some difficulties ...as u have to first freehold the land and its a lengthy process...and you have to pay many penalities and all shared by each and every floor....

L&DO records can be changed at the time of freehold while showing ur Bua's RD.



Let me clear with this GPA part that ur father or mother executed it to u or not....then i will see what can happen ...
  Reply With Quote
Old May 26 2013, 07:50 PM   #5
New Member
 
Join Date: Feb 2012
Posts: 16
Likes Received: 0
Likes Given: 1
Default

Hi Investor81,

Thanks for your reply! I want to highlight that my Father did not have an RD. My Bua had sold her interest through an Agreement to Sell. My Father is no more and therefore, it is not possible to get a GPA in my favour. Are you then saying I will need to go in for freehold? Is that the only way I can sell this floor? Knowing L&DO, getting this converted to freehold is almost impossible. Wouldn’t I become the owner through inheritance laws and RD etc?

Thanks,
K
  Reply With Quote
Reply
Thread Tools Search this Thread
Search this Thread:

Advanced Search
Join IREF Now!    
Related Threads
Divorced wife not moving out of leasehold property - URGENT HELP
LeaseHold Property Sale in Delhi is on hold now?
Leasehold: How do I check the status of a property in Mumbai
Did You Know | The seller of a leasehold property needs to obtain transfer memorandum
Leasehold property


Tags
leasehold, property
     

Real Estate in India | Delhi - NCR | Gurgaon | Noida | Greater Noida | Mumbai | Pune | Bangalore | Chennai | Kolkata | Hyderabad | Ahmedabad | Goa
Ghaziabad | Faridabad | Chandigarh | Jaipur | Lucknow | Nagpur | Bhubaneswar | Coimbatore | Indore | Kerala | Surat | Vadodara

Home | About IREF® | Forum Rules | Real Estate Glossary | Terms and Conditions | Copyright Infringement Policy
Copyright © 2006-2014 www.indianrealestateforum.com All Rights Reserved.


"..", ".."India