Hello All,

I bought a flat in Pune, builder has done only the agreement to sale with me, sale deed is still pending from last 3 yrs,

Reason is all the flat owners has not paid their outstanding dues, therefore he has not registered the Housing society,

Now that I have to sell my flat, is it possible to do the sale deed between the buyer and myself,

As there is no sale deed between me and the builder, please suggest.

In case you do not have any pending dues with the builder and you have been issued the possession letter by the builder, then you can approach the builder for the registration of your flat. Check up the clauses of the Agreement to sale for any mention of  limitation period for the registration.

 Unregistered society is not  a  legal entity and  hence  cannot  effect  sale  intervivos the propery in the hands of  unregistered association like   your   so  called  society  has  no  legal title  over the propery , you also  do not  possess legal title over the  property  and  you  cannot   convey better title  then   you have

 May I  seek  clarification  of  LCI  experts   on the   issue ? 

you can not sell it because you are not owner of property. it would be better if you study terms and conditions of agreement to sale i.e on which date builder proposes to execute sale deed and possession etc.

HI,

I had already cleared all the dues of the builder, after paying the dues i got the NOC letter, Possesion Letter and the Plan Sanction Copy, also i had requested the builder to do the sale deed but he replied, untill n unless all the other residents do not pay off their dues, he will not be able to do the society registration and after that he will do the sale deed with the entire society, now that i am selling off the flat, so i cannot wait for the society registration and other stuff, please suggest