TG RERA orders developer to hand over flat pending civil suit in Hyderabad | Hyderabad News


TG RERA orders developer to hand over flat pending civil suit in Hyderabad

Hyderabad: Telangana Real Estate Regulatory Authority (TG RERA) has directed Aparna Constructions & Estates Pvt Ltd to hand over a flat in Aparna Sarovar Zicon to a subsequent purchaser within 30 days, holding that a registered sale deed carries a presumption of validity until it is set aside by a competent court.The July 21 order was passed adjudicating the complaint filed by Banjara Hills resident Shridevi Valluri concerning a resident of Block J of the project at Nallagandla.The original purchasers, Koshy Mathew and Shiney Mathew, had allegedly obtained financial assistance from Vijay Valluri. According to the complainant, after they failed to repay the amount, they executed an irrevocable general power of attorney (GPA) in his favour, transferring ownership and possession rights. Vijay Valluri subsequently executed a registered sale deed in favour of his wife, Shridevi Valluri.She approached the developer seeking possession and alteration of its title records, but claimed that there was no response. She contended that a subsequent purchaser falls within the definition of an “allottee” under Section 2(d) of the Real Estate (Regulation and Development) Act.Developer cites title dispute, NOC clauseAparna Constructions argued that it had no privity of contract with Valluri as its agreement was with the original purchasers. It said that the Mathews had filed a suit in 2024 in the civil court seeking cancellation of the GPA on allegations of fraud.The developer also cited Clause 18 of the original sale deed, which required its no objection certificate (NoC) before alienation of the flat, and maintained that the dispute involved title and should be decided by a civil court.TG RERA recognised Valluri as an allottee for the limited purpose of the complaint and directed the developer to hand over the apartment and keys in a habitable condition within 30 days.The authority clarified that the direction was without prejudice to the pending civil suit and insolvency proceedings, and that the parties’ final rights would be governed by the decree of the civil court. It declined to direct alteration of title records or award compensation, saying these reliefs must be sought before the appropriate revenue or municipal authorities and the adjudicating officer.



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