FREE­HOLD AT LAST, BUT...

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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.

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