sale of BDA site before lease period
Posted: January 8th, 2016, 11:22 pm
Hi,
I am Planning to Buy a BDA property ,
The allotee got a conditional sale deed from BDA immediately after allotment and the deed has a Clause that states that site have a leased period of 10 years that is 15.11.1978 to 15.11.1988, after completion of this period Allottee can alienate to third person, but Allotee sold the same on 04.11.1981, before completion of this period.
The current owner got a endorsement from BDA @ 2008 , stating that the conditional sale deed becomes Absolute sale deed as 10 years over.
Question is -
1. transfer of property from Allotee to current owner is legal ? is it a violation of BDA's lease cum sale agreement and conditional sale deed ?
2. With out endorsement or absolute sale deed , does allotee has right to sell the property ?
Thanks in advance for your input
Regards,
Vel
I am Planning to Buy a BDA property ,
The allotee got a conditional sale deed from BDA immediately after allotment and the deed has a Clause that states that site have a leased period of 10 years that is 15.11.1978 to 15.11.1988, after completion of this period Allottee can alienate to third person, but Allotee sold the same on 04.11.1981, before completion of this period.
The current owner got a endorsement from BDA @ 2008 , stating that the conditional sale deed becomes Absolute sale deed as 10 years over.
Question is -
1. transfer of property from Allotee to current owner is legal ? is it a violation of BDA's lease cum sale agreement and conditional sale deed ?
2. With out endorsement or absolute sale deed , does allotee has right to sell the property ?
Thanks in advance for your input
Regards,
Vel