Cancellation of allotment

Question asked on: 07/05/2016

I have booked a flat in a housing project constructed by the Lucknow Development Authority. I have deposited booking amount and flat is allotted in my name. Thereafter LDA gave me 30 days to deposit 25% of the total value of the property which is also deposited in time. Due to some financial crisis I could not deposit remaining amount in time even after receiving a notice.

But I have deposited all the reaming amount with penalty but it is refused by the concerned officer of the LDA. This is illegal act because I have priority above any other person and my consideration must be accepted by the LDA.

Advised by: Shivendra Pratap Singh,

Merely allotment does not give a right to claim ownership in the property. Allottee is bound to follow all the rules made by the authority in respect of completion of sale. It is not clear from your question that time period for payment of due amount was extended by the authority or you deposited it in obedience of any rule made by the authority.

Sometimes authority offers to deposit due amount with penalty but it also does not create any right to deposit any due amount without such offer.

In Ravi Gautam vs State of U.P. AIR 2015 it is held by the Allahabad high court that the condition of allotment with regard to deposit of balance amount must be strictly  followed within time otherwise letter of allotment would be stood cancelled automatically and allottee cannot claim any right to continue with allotment right subject to the payment.

You cannot claim that some offer was made by the authority in respect of due payment with fine. In R. D. Shetty vs International Airport Authority AIR 1979; it is held by the Supreme court that if a public authority has laid down certain norms and conditions in respect of allotment it should be strictly followed by the applicant in the same manner. This is also reiterated by the Supreme Court in Post Master General vs Tutu Das AIR 2007.

Thus it is clear from  the above discussion that you, as a allottee, has no right to compel the authority to accept payment of due amount in devoid of any offer or scheme of the authority.

Ask Your Question

Shivendra Pratap Singh

Advocate, Lucknow

Advice: 16931

Consultation: 3367

Mutation is pending due to fraud

Dear Sir, My Father has bought a sellable area or Land 2 years back.My Father has all the documents like sale deed number and he has all the registered documents received from Court .He has requested for Mutation in Block office in Jan or Feb 2015. After sometimes...

Unregistered lease

I gave my house and adjacent land for manufacturing of shoes. That house was given on lease. The lease deed was unregistered, but both parties signed it. The lease was accepted on payment of twenty thousand rupees per month as rent. The lessee enjoyed it for four...

Selling of bungalow situated in cantonment area

My great grand father constructed a bungalow over 6 acre of land. This land was granted to him by the then commander-in-chief of Indian army. This land comes under cantonment area of Lucknow, This bungalow was erected in year 1892 and right now market value of this...

Fabrication in revenue record by revenue officers

Our land records are fabricated by the revenue officers for providing illegal relief to some persons who have more than 18 acre of lands. When I examined my revenue record on taluka by giving application for duplicate record of my lands, that officer was trying to...

Wife is threatening to take my flat

I am the owner of a flat purchased it before the marriage. My father is the co-owner in that property, and he also paid some amount in the purchase of the flat. The instalments of the EMI is about to complete. My father has relinquished his share in the property by...

Bank initiating process of auction

Sir, my son have taken loan from Bank of Baroda and he failed to repayment so bank is now initiating proceeding against me for recovery of loan. I was guarantor of the loan. I am 65 years old and this is my one and only house. Bank filed case before DRT. Now recovery...

Waqf property

There is a waqf property which is rented on Rs 5 per month to Moulana ******* Tenant want to take absolute possession over the rented property. In this course he attempted on many forged documents but ultimately he fails. He filed a case before the waqf tribunal for...

Limitation period for setting aside sale of ancestral property

What is the limitation period for setting aside the sale of the ancestral property? My father sold ancestral property against the will of my family. I was minor at the time of sale. Can I file any suit for cancellation of that sale deed?If a son, desires to set aside...

Property Tax

I am Senior citizen aged 73 years Ex-serviceman was in active service during all the three wars. Suffering from high blood pressure. I purchased House flat No.6-3-790/3/1 and registered on my name on 5.12.2003 from xxx and let out for residential use. The person lived...

Builder is not returning my booking amount

Hello sir, I have booked a flat in Lucknow, the builder said that the time of booking that the project will accomplish in the year 2017. After taking faith upon him, I paid one lakh rupees as booking amount in the year 2015. When I visited the site in the year July...

quick Advice

Get A Quick Advice

Book an appointment for 15 minutes and consult with an expert over the phone within minutes

Talk to Advocate Shivendra

Book a phone consultation for 30 minutes and get solid advice on the phone

Book it Now