Legal opinion needed

[nagsbhat]

I got an offer for sale for a site.
The site was originally allotted and Lease Cum Sale Agreement was registered in favour of the alottee (Mr. Allottee). The lease period is 10 years.
Original Allottee sold the site during the lease period to a purchaser (Mr. Purchaser). Purchaser gave it to his sister (Ms. Lucky) through gift deed.

Now Miss Lucky is selling the site.

When approached, the society is ready to issue absolute sale deed only in favour of Mr. Allottee any time even today- 22 years after the original lease cum sale agreement.
Mr. Allottee is ready to sign any paper at any time.

The EC looks like this:
HBCS to Mr. Allottee through lease cum sale agreement
Mr. Allottee to Mr. Purchaser sale
Mr. Purchaser to Miss Lucky through gift deed.
Now if society does absolute sale deed, the EC will reflect like:
HBCS to Mr. Allottee through absolute sale deed.



Please note that, all parties, Mr. Allottee, Mr. Purchase, Miss Lucky are ready to sign any papers. Society is ready to execute sale deed only to Mr. Allottee.

Now, please suggest how to go about purchasing the same.

Regards,
Nag

[arigilamurali]

Dear nag,

Though lot of complication is involved in the issue,
My immediate suggestion/advice to you is get the sale deed in the name of Mr.Allotee as contemplated ,
and thereafter Go for rectification deeds for sale deed ( of Purchaser ) and Gift deed ( of Miss.Lucky ) by including the subsequent developments of execution sale deed by the society in favour of allotee.

Later purchase the sale deed from Miss Lucky and original allotee ( You can add him as confirming party Or Consenting party OR Vendor No2 as may required) and complete the sale transaction.

murali
advocate

[nagsbhat]

Hi Murali, Thanks for your reply.

If I get the consenting witness from Mr. Allotee as well as Mr. Purchaser while buying the site from Ms. Lucky is that not enough (of course after the absolute sale deed from society to Mr. Allotee)?

Regards,
Nag

[nagaraja h n]

when the lease cum sale deed executed by the society with the intention not to be transfered till the completion of the lease period if somebody enters into sale agreement with allotee the new agreement is only by way of power of attorney only after the construction of the house the society will give saledeed and katha to the lessee not the power of attorney holder sale deed has to be prepared afterwards to get clear title