Flat sale deed - Flat without sale deed Flat sale deed - Flat without sale deed

1 year ago

Flat without sale deed will it be authorized? Can it be sale to other? How to make sale deed now?
I had purchase flat at Raigad, Maharashtra in 2012 from builder and builder registered document but he not able to complete 16 building project due to partners internal dispute. Out of 16 4 buildings allow to occupy buildings but we do not have occupation certificate. We started our own paying Assessment charges to Gram Panchayat with back dated i.e from 2012.

Anik

Responded 1 year ago

View All Answers
A.Dear client,
With respect to your query, an agreement for sale of immovable property is not the same as a sale deed for the same property. An agreement for sale, is an agreement to sell a property in future whereas Sale deed create the instant right in favour of a person. If you have purchased any property under any agreement for sale, without it being followed by a proper sale deed, you do not get any right or interest in the property purported to be transferred under the agreement of sale as per Section 54 of Transfer of Property Act, 1882.

You can follow the below steps:
1. Approach the Registrar office and obtain a true copy from them;
2. File a police complaint that the original document is lost;
3. Also take out an advertisement in three local newspapers;
4. Once you do the abovementioned acts then only a buyer will purchase the flat from you;
5. Consult a lawyer to move forward with this legally.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 1 year ago

View All Answers
A.Dear Client
You are saying that the builder has already registered your flat with a sale deed then why do you need another sale deed? If builder is not able to complete the project then other buyers need to reach out to the builder for refund else they can go to the consumer forum.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 1 year ago

View All Answers
A.Dear Sir,
There are so many lacunas and if purchaser is not willing you cannot sell your property. Better to rectify all the mistakes by approaching the builder.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconCan Builder Cancel Affordable After taking full Amount
Dear Client, In the absence of any specific term Builder Buyer Agreement(BBA) a Builder cannot cancell an allotment of a flat outrightly on receipt of full or part of the price or value of the flat fr...
question iconComplaint on Apartment Maintenance issue
Dear Client, Per sq, ft method is extensively used for the calculation of the maintenance charges for the societies/RWA across the country. This system of calculation is used when the sizes of apartm...
question iconQuestion on Buying 10 years old flat with registration on hold
Dear Client , you can not rent / lease or sell your property until you have received complete possession of the property. you have to complete registration process for the same before getting into re...
question iconREGISTRATION OF Apartment owners association under companies act
Dear sir, It is ordinarily registered under specific act which might have been enacted by your state government otherwise consult the sub registrar office.
question iconI am being asked to pay more than my neighbour for Open Car Parking
Dear Client, Firstly, document all your interactions with the builder, including dates, times, and any communication (emails, letters, etc.). This documentation will be crucial if you need to escala...