FREEHOLD AT LAST, BUT...
of properties through GPA but the Delhi revenue department issued an administrative order for the implementation of the judgment on April 26, 2012, almost seven months after the order.
In the interim period, hundreds of homebuyers bought DDA flats through GPA, ATS and will and got these documents registered with the sub-registrars by paying stamp duty. Many of them also applied for leasehold-tofreehold conversions by paying the requisite chares, totalling more than R1 lakh per application. However, their applications were stuck.
Unable to find a way out, many such residents who have to sell their flats are doing so on the basis of notarised GPA (which is unauthorised in Delhi) knowing that such transactions are risky, making them vulnerable to fraud. “The flat owners are in a fix. They can’t sell their property through registered GPA because it has been banned by the Supreme Court. They also can’t get their property converted in their own name because DDA refuses to allow them to get conversion done from leasehold to freehold. So, they are resorting to these illegal means of transactions which can land gullible home buyers in trouble,” says Sanjeev Gupta, a lawyer specialising in property registration.
Legal experts say that the only way to resolve the issue is to approach the Supreme Court and ask for relief.
“If DDA allows leaseholdto-freehold conversion for GPA transactions postOctober 11, 2011, it amounts to contempt of court and if it doesn’t do that, it leaves hundreds of flat owners in the lurch. So the only way out is to approach the Supreme Court and ask for relief for those flat owners who bought the flats through GPA sale between October 11, 2011, to April 26, 2012,” says Jasbir Singh Malik, a Supreme Court lawyer.