HYDERABAD: The Telangana Real Estate Regulatory Authority (TG RERA) has mandated Aparna Constructions & Estates Pvt Ltd to transfer a flat in Aparna Sarovar Zicon to a new purchaser within 30 days. They noted that a registered sale deed maintains its validity presumption until overturned by a competent court.
The ruling, issued on July 21, responded to a complaint from Shridevi Valluri, a Banjara Hills resident, relating to a resident of Block J in the Nallagandla project.
The original buyers, Koshy Mathew and Shiney Mathew, reportedly sought financial help from Vijay Valluri. Following their failure to repay the loan, they signed an irrevocable General Power of Attorney (GPA) granting him ownership rights. Subsequently, Vijay Valluri executed a registered sale deed to his wife, Shridevi Valluri.
She approached the developer to obtain possession and amend the title records, but claimed to have received no response. Valluri argued that a subsequent purchaser qualifies as an “allottee” as defined in Section 2(d) of the Real Estate (Regulation and Development) Act.
Developer cites title dispute and NOC clause
Aparna Constructions contended that it had no contractual relationship with Valluri since its agreement was with the original buyers. They noted that the Mathews had filed a suit in 2024 in civil court to nullify the GPA based on fraud allegations.
Additionally, the developer referenced Clause 18 of the original sale deed, which necessitates their No Objection Certificate (NoC) before transferring the flat. They argued that the matter involves ownership issues that should be resolved in civil court.
TG RERA recognized Valluri as an allottee for the limited purpose of addressing the complaint and instructed the developer to hand over the apartment and keys in a habitable condition within 30 days.
The authority clarified that this directive does not affect the ongoing civil suit and insolvency proceedings, emphasizing that final rights will be determined by the civil court’s ruling. They declined to change title records or award compensation, stating that these requests must be directed to the relevant revenue or municipal authorities as well as the adjudicating officer.
