India  |  Real Estate Law

Legal Question

Asked on: 5/15/13, 6:03 am

sir, i PARAMJIT had purchased a lease hold house at chandigharh it is still lease hold. i had purchased it through agreement to sell from a person SUNIL. also SUNIL had purchased it from RAJ through registered will and SPA. RAJ died after i Paramjit bought it. Sunil died after RAJ. registration of such houses is allowed now adays can i get house registered in my name through legal process. can it be through sec 53A transfer of property act. can it be through declaratory suit for adverse poseson. please note: SUNIL had sold house before death of RAJ, SPA by RAJ says that SUNIL can sell the house by taking consideration amount but RAJ is now dead.

1 Answer


Answered on: 5/15/13, 6:11 am by Fca Prashant Chavan

15.05.2013

Dear Paramjit,

Lease and sale are two different things. Either you have taken the house on lease which is for a fixed time duration by payment of a deposit to the lessor, or you have purchased it outright from the seller which makes you the legal owner. Now, if you have taken the house on lease, there is no way that you can become the owner, unless and until the lessor has subsequently entered into a separate Agreement for Sale with you to sell the house to you, and you have paid the full consideration price of the house and registered the title of the house in your name by paying the prevailing Stamp Duty. It is immaterial whether the lessor is living or dead, because his legal heirs will automatically acquire the title of the house in their name.

Regards,


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