AI Overview...
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Allottee Consent - The courts have emphasized the importance of obtaining proper consent from all relevant parties before transferring or modifying allotments. For instance, the housing board must consider the original allottee's prior consent for transfer requests, as seen in issues raised in PHILIP KURIAN vs DEPUTY SECRETARY - Kerala. Similarly, transfers made without the collector's consent are generally considered valid unless specified otherwise, as in Gopilal Dey Son of Lt. Khetramohan Dey VS Sukumar Dey Son of Lt. Khetramohan Dey - Tripura.
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Modification of Amenities - Changes affecting amenities or structure require the written approval of at least two-thirds of allottees. This was upheld in Chennai Hiranandani Residents Welfare Association VS Secretary, Housing and Urban Development Department - Madras, where alterations to amenities like clubhouses or residential towers necessitate collective consent, and approval can be quashed if such consent is not obtained.
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Transfer Validity and Legal Requirements - Transfers without the necessary consent, whether from the collector or other authorities, are often deemed valid unless explicitly voided by law. For example, transfers made without collector’s consent are not void ab initio but may be subject to cancellation within a specified period (Gopilal Dey Son of Lt. Khetramohan Dey VS Sukumar Dey Son of Lt. Khetramohan Dey - Tripura, Gujarat Maritime Board VS Sea Green Marine - Gujarat).
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Conditions for Transfer and Breach - Breaching agreements, such as changing flats without consent or without signing necessary documents, can lead to forfeiture of earnest money or cancellation of allotments (Omaxe Buildhome Ltd. VS Pradeep Chaudhary - Consumer, Doshmani VS Ayoda Inok Anjore - Bombay). Breaches by the allottee or builder undermine transfer validity.
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Court Jurisdiction and Consent Documentation - The master brochure or allotment letter often constitutes the consent of the allottee, and disputes are typically subject to jurisdiction clauses, such as in AIR FORCE NAVAL HOUSING BOARD VS CHANDRA SHEKHAR VATS - Allahabad. Proper documentation and adherence to contractual terms are critical.
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Summary: Overall, allottee consent—whether prior approval, written agreement, or statutory approval—is central to valid transfers, modifications, and legal enforceability. Transfers without requisite consent are often challenged, but their validity depends on specific legal provisions and circumstances. Proper documentation and adherence to collective agreement thresholds are essential to ensure legality.
References:
- PHILIP KURIAN vs DEPUTY SECRETARY - Kerala
- Chennai Hiranandani Residents Welfare Association VS Secretary, Housing and Urban Development Department - Madras
- Gopilal Dey Son of Lt. Khetramohan Dey VS Sukumar Dey Son of Lt. Khetramohan Dey - Tripura
- Executive Engineer & Administrative Officer, Tamil Nadu Housing Board VS Mathiyalagan - Consumer
- Sahara Prime City Ltd. VS Maya Jaiswal - Consumer
- AIR FORCE NAVAL HOUSING BOARD VS CHANDRA SHEKHAR VATS - Allahabad
- Omaxe Buildhome Ltd. VS Pradeep Chaudhary - Consumer
- Doshmani VS Ayoda Inok Anjore - Bombay
- Gujarat Maritime Board VS Sea Green Marine - Gujarat
Search Results for "Allottee Consent"
2024 Supreme(Online)(KER) 13468 • India - High Court of Kerala
V. G. Arun, J
Issues: Whether the housing board's refusal to transfer the property to the petitioners, despite the original allottee's consent ... The court held that the housing board must consider the petitioners' request for transfer based on the original allottee's prior consent ... Finding of the Court: The court found that the housing board's insistence on a request from the original allottee was ... In the year 1989, the allottee, along with his wife and children, executed an agreement for sale of the plot with the building ....
2024 0 Supreme(Mad) 1062 • India - Madras
SANJAY V. GANGAPURWALA, D. BHARATHA CHAKRAVARTHY
The court held that modifications affecting amenities require the written consent of at least two-thirds of the allottees as specified ... ... ... Issues: Whether the developer required two-thirds consent for changing the clubhouse to residential towers. ... ... ... Result: Writ appeal allowed; approval quashed, allowing the developer to seek necessary consent for modifications. ... In respect of a building or flat of a particular buyer/allottee, if any change in plan is made, then, the co....
2016 0 Supreme(Tri) 159 • India - Tripura
S.C.DAS
The transfer made by the allottee without consent of the Collector was not void ab initio and had force. ... It also concluded that the transfer made by the allottee without consent of the Collector was not void ab initio and had force, as ... without consent of the Collector was not void ab initio and had force. ... What law contemplates is that if a transfer is made within 10 years of allotment without written consent of the Collector, such Collector may cancel the allotment and re-e....
• India - Consumer
A.RAMAN, R.VANAROJA
to give consent or deposit 50% of amount to enable Housing Board to carry out repair but complainant remained quiet for years & ... Complainant had occupied house for 6-7 years and then pointed out alleged defects Appellant Housing Board had asked complainant-allottee ... Consumer Protection Act, 1986 Sections 12 and 17 - Housing - House allotted to complainant was alleged to have developed cracks -
• India - Consumer
S.M.KANTIKAR, DINESH SINGH
gives his consent and deliver possession within two months and got done registry – If both options could not be possible due to ... gives his consent and deliver possession within two months and got done registry; If above both options could ... inevitable reason opposite party cannot deliver possession of flat then it shall allot flat of equal area in any other of its scheme if allottee ... It due to any inevitable reason the opposite party cannot deliver possession of flat as aforesaid then it shall allot flat of equal area in any other....
2016 0 Supreme(All) 1023 • India - Allahabad
SUDHIR AGARWAL
Section 9 and 151—Contract Act, 1872—Section 28—Territorial jurisdiction—Master brochure as well as allotment letter constitutes consent ... of allottee—Providing that in respect of dispute between parties only Court at Delhi would have jurisdiction—Property is situated ... It is contended that the condition in the master brochure as well as allotment letter constitutes consent of allottee, providing that in respect of dispute, if any, between parties which needs to be resolved through Court, only the Court at Delhi woul....
• India - Consumer
PREM NARAIN
of allotment—However, in this case, first breach of agreement has been made by opposite party himself by changing flat without consent ... 17, 19 and 21—Real estate—Allotment of Apartment—Breach of agreement by Builder—Earnest money is to be forfeited in the event of allottee ... of allottee—Hence earnest money cannot be deducted—Complainant is entitled to refund of full amount paid—State Commission has clearly ... However, in this case, the first breach of agreement has been made by the opposite party himself by changing the flat without....
2014 0 Supreme(Bom) 693 • India - Bombay
A.P.BHANGALE
. - Where agreement to sell was not signed by all defendants who are legal heirs of original allottee of tenement therefore judgment ... For all these reasons, upon the basis of the agreement entered into by widow of the original allottee without prior consent of MHADA as also for the reasons that other legal heirs of allottee did not sign the agreement to sell, the decree for specific performance of agreement, as prayed for should not ... The ruling is referred in order to submit that, in the present case, specific perf....
2009 0 Supreme(Guj) 463 • India - Gujarat
K.S.RADHAKRISHNAN, AKIL KURESHI
and Respondent No. 1 — Even if original allottee gives consent to transfer it’s plot it can not be transferred after 23.06.2008 ... Even if Messrs Hussain Sheth Ispat (Ship Breaking) gives consent to transfer its plot, it cannot be transferred after 23.6.2008, ... to Messrs HSI (Ship breaking) for breaching and breaking of vessels — Allottee and Respondent No. 1 made application to transfer ... Even if Messrs Hussain Sheth Ispat (Ship Breaking) gives consent to transfer its plot, it cannot be transferre....
1997 0 Supreme(Bom) 375 • India - Bombay
F.I.REBELLO
requires the consent for regularisation not necessary-Tenability of such contention not proper. ... -It is inconceivable as to how the premises belonging to another can be transferred to a person in occupation without the consent ... Company or allottee as provided in the Regulation the tenancy executed in favour of the Housing Society Company or allottee shall ... It is inconceivable as to how the premises belonging to another can be transferred to a person in occupation without the consent of such a p....
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