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Q. Transfer/Purchase of EWS flat allotted from Haryana Housing Board under GPA/Deed : Need info on the correct documentation/formalities

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Virendra Kumar

posted 1 year ago

Q.Transfer/Purchase of EWS flat allotted from Haryana Housing Board under GPA/Deed : Need info on the...
Transfer/Purchase of EWS flat allotted from Haryana Housing Board under GPA/Deed : Need info on the correct documentation/formalities

Please share your legal advice with reference to a deal/sale i.e. proposed to me & I look forward to it with maintaining my financial/legal safety. One of the HUDA EWS Flat Allotee wants to resell his EWS(540sqft) Flat in Gurugram and I look forward to buy due to my low budget need. Due to the 5-yrs lockin period(for the allotee) as well as due to the upcoming EMIs(to be paid to HUDA for few years as per T&C), the allotee may not directly get this property ownership transferred/registered under my name, however there may be some HUDA's internal provisions/allowed procedures on the same. My agent says that he may get the GPA + Change of Address formality created/registered with HUDA as well as the upcoming EMI payments will further begin under my name from my side. Once the full payment is made, the property may later be registered with HUDA with NOC. I am curious/requesting-info if I may get the conveyance-deed executed from allotee's side along with regisring the power of attorney papers. Or, is the same not allowed?

My intention is to ensure no misses and receive all required-papers with accuracy. Is there any possibility from Allotee's side to dispute/claim-back the property or will I be safe? Since the flat-registry is neither open to be registered nor possible until full time/payment is ensured, what documents should I look to receive for this allotted FLAT so that I don't have any inconvenience or fraud-possibilities tomorrow? Will the GPA still be able to be withdrawn & if yes, what input you have for my safety.
If I was not well able to ask this question or you've any more input for my visibility, please help me with the guidance. With my thanks, I request you to take reference of below links as well for the HUDA policies/rules while getting me the prompt advice:

http://prharyana.gov.in/en/haryana-housing-board-has-formulated-a-new-transfer-policy-to-ease-the-norms-allowing-transfer-of
https://timesofindia.indiatimes.com/city/chandigarh/board-relaxes-norms-to-ease-transfer-of-property/articleshow/63541057.cms
https://www.amarujala.com/chandigarh/haryana-government-housing-board-home-transfer-policy
https://www.huda.org.in/_layouts/Ease/Apply%20Online%20Services-User%20Manual.pdf

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Deepak Yashwantrao Bade

Experience: 9 Year(s)

Responded 1 year ago

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A. ) Dear client we go through experienced property lawyer for proper legal opinion on property. Kindly visit to lawyer through vidhikarya

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Manjula Shanmugasundaram

Experience: 18 Year(s)

Responded 1 year ago

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A. ) A power of attorney does not amount to sale. It is a personal contract. The proper legal advise shall be not to try to purchase a property which has not been sold to your seller yet.
People do at some places and circumstances, make payments based to such documents as GPA coupled with possession, Sale Agreement and DPN. However, the same is not advisable in the strict legal sense.

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