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Is purchasing a flat which has stay order recomended
25-Apr-2023 (In Civil Law)
Four years back one of our relative have bought a GPA(General power of Attorney) 1BHK flat in Delhi location and living in peace with other neighbors. However, during building construction, builder has taken money from a private financer but could not able to pay them back. Due to this case has been filed in District court and whole building in on stay order. Now 1bhk seems to be too small due to addition family members. So they require atleast one more room to accommodate. There is another 1bhk flat attached to their flat which is lying vacant from starting. Also flat owner is ready to sell them at attractive price. They have two options either they can move on rent of Rs20k/m approx. or purchase the attached flat and do some modification. What is your suggestions? Also if they think to purchase then how to protect their ownership right? What might be the legal implications? Please advise.
The first thing that needs to be checked is why has the court granted stay in respect of the entire building. If the stay order is qua the entire building, buying the adjacent flat is fraught with risks as that would also be covered by the stay order. At the most, the same can be taken on rent for the time being.
It is also important to point out that pursuant to a judgment passed by the Hon`ble Supreme Court in October, 2011, any sale/purchase through a power of attorney is null and valid unless the power of attorney was given for valid and bona fide reasons.
It is also important to point out that pursuant to a judgment passed by the Hon`ble Supreme Court in October, 2011, any sale/purchase through a power of attorney is null and valid unless the power of attorney was given for valid and bona fide reasons.
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Hello,
For the query you posted, I would suggest the following:
Since 2012 any sale or transfer of property via GPA/ Sale agreement/will stands abated after the judgment pronounced by the supreme court. This for the flat they bought in 2013 I.e 4 years back via GPA Will have no effect as to the transfer of title in their name.
Hence buying another such flat would again make any similar transaction null and void from its begenning.
As for the dispute in th said property, I would suggest to rather sue the builder for monies already acquired and move to some other property
I hope that answers your query
Best
M.Faris
For the query you posted, I would suggest the following:
Since 2012 any sale or transfer of property via GPA/ Sale agreement/will stands abated after the judgment pronounced by the supreme court. This for the flat they bought in 2013 I.e 4 years back via GPA Will have no effect as to the transfer of title in their name.
Hence buying another such flat would again make any similar transaction null and void from its begenning.
As for the dispute in th said property, I would suggest to rather sue the builder for monies already acquired and move to some other property
I hope that answers your query
Best
M.Faris
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Adv. Mohd Faris
Delhi | 100+ Answers
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