Landlord's flat registration

pranab majumdar (Querist) 27 June 2017 This query is : Resolved
Respected sir,
We have sold our anchestral property to a developer.Agreement was done for some cash and one flat.As per agreement cash part is already received.now one flat we have to get.expenditure of registration of flat in our name to be done by developer or not? Are we suppose to get alottment letter of the flat by the developer?
kindly advice.

Regards
Pranab

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Sankaranarayanan (Expert) 27 June 2017
Without the details of your agreement, we cannot give suggestion by our own manner, so better to approach a local lawyer and show all agreement and details and act accordingly

Kumar Doab (Expert) 27 June 2017
Show the said agreement to a very able local senior counsel unshakable repute and integrity specializing in revenue/property/civil matters.

Kumar Doab (Expert) 27 June 2017
Same Query;
http://www.lawyersclubindia.com/forum/Flat-registration-151154.asp

Guest (Expert) 28 June 2017
Generally what happens in Ancestor property their are many legal heirs to property . So entire family or legal heir makes Development agreement with Builder and gives him Power of Attorney to sell the flat . Builder/Investor does all things and after construction over gives flat possession to original owner as per Development agreement where it is mentioned as consideration.

Now about the title of that flat.
1) Since all original owner entire family is owner of land that flat is owned by entire family
2) To break this chain the same Power of Attorney which is given to builder to sell the flats to third party is used and one of the person who gets flat /takes flat . That flat is sold to him by developer
3) So it is I give POA to some one else and I only purchase same flat legally for consideration paying tax (stamp duty) and registration fee.
4) But point 3 is imp. because if this is not done then entire family will start claiming rights on that flat in future. So in such case the POA which builder got from all family member to sell flat should be used and flat should be sold to specific individual only (Eg. Means if 3 brother 2 sister have given POA to builder , then flat is sold by builder for nominal consideration to only 1 brother, thus others rights of ancestor taged is dodged legally)
5) This is done generally

Guest (Expert) 28 June 2017
Expenses for person who gets flat is he has to pay stamp duty and registration fee . As if he is purchaser of the flat .

Now this method is disputed by many but generally adopted to avoid other legal heirs of original owner to claim flat , because after 10-15 years some one get up and start claiming flat telling that all are owners of the flat and headache start

Dr J C Vashista (Expert) 28 June 2017
It is ridiculous to repeat same query.
If you are not satisfied with FREE advise of expert on this platform, consult a local lawyer for proper appreciation of facts and guidance.

R.K Nanda (Expert) 28 June 2017
repeated query thus no reply.

Kumar Doab (Expert) 28 June 2017
Mr.Madhu has posted inputs and you can benefit from it.

Rajendra K Goyal (Expert) 28 June 2017
No reply if query repeated.

pranab majumdar (Querist) 29 June 2017
Respected sir,
yes sir, after doing the query I found it is not visible in 'my queries' for experts opinion so I re-posted by changing heading little bit.It is not intentional please do not mind.
sorry for inconvinience.Regards and thanks to all.

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