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Registration of property

(Querist) 17 May 2013 This query is : Resolved 
Dear Experts,
Please guide me on the following matter:
Mr. A has purchased a flat (out of his own funds) in Jamshedpur from a Promoter/ Builder. The Sale Deed has been executed and the possession has been received. Now, due to time constraint, the registration of the flat was not done.

Now, Mr. A wants to sell the flat to Mr. B (who is taking a Bank Loan), but the Promoter is not willing to give the NOC.
Now, my question is whether the law permits the promoter/ builder to refrain from transferring the property in the name of Mr. B, after both Mr. A & Mr. B executes a sale agreement in between them?
Please suggest what to do in this matter?
Thanks in advance

adv. rajeev ( rajoo ) (Expert) 17 May 2013
Without registration of the flat and without having the clear tittle he cannot sell the property.
R.K Nanda (Expert) 17 May 2013
without clear title he cannot sell flat.
Raj Kumar Makkad (Expert) 23 May 2013
A seller cannot provide better rights to a buyer so if the seller is not having the clear title in his name, the sale by him is nullity.


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