I recently made a deal of buying a builder floor in Gurgaon sector 23 (Huda Sector). About the property: It's a third floor which is half made, actually, it was alloted to the seller after Huda authority passed the permission of building the third/fourth floor. The building has GF. FF, SF and TF. The seller just has the re-allotment letter for this floor. I want to know can he sell the property on the basis of just this re-allotment letter. He used to owner of GF two which he sold off earlier. The map currently has, a room and a store room passed on this floor. But the seller has made it a 2bhk. I was planning to buy it and then pay EDC/IDC payment, and getting permission from Huda to make it full 3bhk. It's 200 sq yard plot. I applied for the loan and bank denied saying, it does not have a kitchen passed on the map, hence its not a independent/ dewlling unit. Also, they raised a question whether the seller has authority of selling the floor. As he just has a re-allotment letter not a registry. My main question is, if i buy this will i be able to get it approved by HUDA by paying EDC and construct it further? Is there a provision. As per the seller, i can buy it and later get the re-cunstruction approved by the HUDA by paying fee. Is seller is entitled to sell it on the basis of allotment letter? he does not have a registry Any further step i can to enquire about this whole process.
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If its not an independent unit the loan cannot be approved and hence you should ask the builder to construct it and then hand it over to you. Engage a lawyer who will do due diligence on the building and check various details construction plan and the approval and whether it can be taken after the construction in case you want to construct it.
The power to grant approval is vested in the HUDA but that doesn't mean that would grant it to anyone.
Therefore act accordingly.
On basis of re allotment letter seller cannot sell the floor to you
you would not approval of HUDA for carrying on further construction
file RTI application with HUDA whether seller can sell floor to you on basis of allotment letter
- There is always risk in such properties.
- Usually nothing happens and you will get approval. But if your stars are in south or you have enemies then you can get in trouble because until you get HUDA approval, it is illegal.
- Builder can not even sell 2BHK on the basis of re allotment letter for a room and a store room.
Builder will sell you only a room and a store room.
So any other construction becomes illegal that you made it yourself.
- Also, check with a local lawyer to verify approval letter
Seller is not entitled to sell it just on the basis of realotment letter. There will not be problem with reconstruction as HUDA is liberal with such permission but purchase without registration is not legal.
You cannot buy the property from the person who is not having a clear and marketable title to the property.
How can you ask the HUDA to to approve even if you intimate your willingness to pay EDC when the property was not allotted to you.
Your application by HUDA will not be entertained, hence if you buy the property without proper sale deed or confirming the title of the seller in the property you will land in serious problem.
Until and unless the property is registered on the name of the seller he cannot claim to have title to the property, hence you may ask him to first obtain a registered sale deed on his name subsequent to the allotment letter by the HUDA in his favor.
You may consult a local lawyer and obtain a proper legal opinion before taking any hasty decision to buy this property which would lead to litigation after purchase.
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Dear Sir,
1. if the property has not been registered in the name of the seller, subsequent persons cannot claim the title,
2. he needs to first obtain a sale deed in his favour and then get the allotment from HUDA.
3. it is advisable to get properties only from those who have a clear title to the property.
Thank You
