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Sale deed

(Querist) 01 October 2015 This query is : Resolved 
sir.
If builders role is existing or builder is not completing the entire development of the residential layout and not handovered to urban authority then the first owner can sell the house?
2 Any rule is existing in Karnataka that if builder is not handover the residential layout to urban authority individual house owner can not sell the house and enter in sale registration. Please give details.
P. Venu (Expert) 02 October 2015
Please furnish the complete facts.
Rajendra K Goyal (Expert) 02 October 2015
State actual facts rather to put academic query.
K.S.Srinivas (Expert) 02 October 2015
Better consult the Lawyer in Karnataka and take his advice.
umesh HALKAR (Querist) 02 October 2015
An agreement signed by me and vendor for purchase of ready built flat in layout from vendor with part payment of Rs.5 lakhs transaction .In agreement vendor specified that the schedule of property is with electricity,water,sanitary and road connection.But vendor unable to give the water connection bill and telling that water will be serve by private party on need basis.And also not ready to give the NOC and no demand certificate from builder.When on line I checked land record it shows the entire layout land is in builders name issued for residential development.Only house is registered in vendors name.The entire original copy of property is in bank under loan and the copy of the agreement made between vendor&builder and other records are not given for verification also. Now the agreement due period is (3 months) completed.
I served a legal notice to vendor that I am ready to purchase with all required original documents.
but vendor has replied the original document is lying at bank and refuse to give NOC/ NO DEMAND CERTIFICATE , WATER & SANITARY CONNECTION Documentsfrom builder.Now I want to file case at courts of law under cheating and waste of my time/interest of money under penalty clause applicable as in agreement.Vendor has agreed and signed to clear all litigation and claims otherwise penalty shall applicable. Vendor is not ready to give penalty amount Rs.10 lakhs.
2.Any rule is existing in Karnataka that if builder is not handover the residential layout to urban authority individual house owner can not sell the house and enter in sale registration. Please give details.
umesh HALKAR (Querist) 28 July 2016
1.What is role of witness signed on Sale deed Agreement(for above matter) at Court.
5.What is role of Notary signed on Sale deed Agreement(for above matter) at Court.
3.What is role of Agreement drafted of Sale deed Agreement(for above matter) at Court hearing.


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