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atul thombre   10 May 2017

Seller not ready to register property

I' from maharastra thane district.

My father have lad on his name basiscaly 7/12 on his name. IN 1990 he gave his land to developer to build 4 flors building.

At the same time verbaly they agrred to give 1 flat to my father.in which curretly we are living.

Now at that time we did not register our flat on our name. but now the building is decided  for redevlopmnet.

but now the builder is not ready to give his signature for registration of flat on our name and asking money with current market price.

Is there any other way from which we can reger our flat?

Conveyence deed still not done. Co-Operative housing society registration is there.

7/12 is still on fathers name. and we have all other documents Completion, NA with us in original and builder does not any documents with him.

We have electricity bill, property tax bill and maintenance receipt from the date of completion of building

Can we pay stamp duty and send legal notice to buyer?

 

 

 

 



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 13 Replies

Kumar Doab (FIN)     10 May 2017

You may show the documents/agreement that your father signed with Builder to a very able counsel at your location of unshakable repute and integrity, specializing in revenue/property/civil matters, for a considered opinion.


(Guest)

Detail document examination may be required , Chances are that you are owner of all things . And how to secure your right at each stage proffessional help is required to be taken. 

See if you are still owner of land and structure then no need to pay that builder any thing. 

Conveyance deed not done means you are owner of land and structure no one else not even society.

Rather fact may be your rights are more secured as compared to anyone else 

 

atul thombre   11 May 2017

Thank you for your valuable advise.

Do We need get the property register our name. as the society now wants to give it for redevelopment?

Our flat and one of my relatives flat in same building is pending for signature for redevlopment praposal.

Is there any possibility that builder can ask us to leave flat as he is the owner of the flat as the registration is not yet done?

Also with the deemed conveyance deed is there any possibility to get the conveyance deed registred?

Note: all original documents NA , Completion certificat and other document  is on may fathers name and only we have it and no one else.

 

atul thombre   11 May 2017

Thank you for your valuable advise. Do We need get the property register our name. as the society now wants to give it for redevelopment? Our flat and one of my relatives flat in same building is pending for signature for redevlopment praposal. Is there any possibility that builder can ask us to leave flat as he is the owner of the flat as the registration is not yet done? Also with the deemed conveyance deed is there any possibility to get the conveyance deed registred? Note: all original documents NA , Completion certificat and other document  is on may fathers name and only we have it and no one else.

Read more at: https://www.lawyersclubindia.com/forum/Seller-not-ready-to-register-property-149734.asp

Kumar Doab (FIN)     11 May 2017

Agreeing with Mr. Madhu.

 

 

Is there any possibility that builder can ask us to leave flat as he is the owner of the flat as the registration is not yet done?”


On the strength of which document builder is owner?

Kumar Doab (FIN)     11 May 2017

You may show the documents/agreement if any, that your father signed with Builder to a very able counsel at your location of unshakable repute and integrity, specializing in revenue/property/civil matters, for a considered opinion.

 

LCI experts Mr. Madhu, Hemant Agarwal, Mr.Kishore Mehta, Mr. M.V.Gupta, are all from your location and post on such matters with their deep knowledge on local rules/laws.

If you wish you can approach them. 


(Guest)

One curosity whether your father is alive or dead ? Asking from some other point of view? 

Kumar Doab (FIN)     11 May 2017

Pls reply to the point raised by Mr. Madhu.

atul thombre   11 May 2017

He is alive . Do we need to our flat registered because society decided for redevelopment.(please note no such notice for dangerous structure from municipal corporation). Can Builder and society mutually et it conveyed by deemed conveyance ? How can we get flat registered. Could you please share with usyhe contact details as well?

atul thombre   11 May 2017

He is alive . Do we need to our flat registered because society decided for redevelopment.(please note no such notice for dangerous structure from municipal corporation). Can Builder and society mutually et it conveyed by deemed conveyance ? How can we get flat registered. Could you please share with usyhe contact details as well?

(Guest)

Scenerio is lot different than what you have made in your mind , I feel other members , builder too have made wrong scenerio in their mind . Fact is your father is owner of building , land and structure and since he is owner of all things he only can decide whether to construct the building again or not no one else. 

If he has given Power of Attorney to some one else (previous builder) then that POA is required to be studied and cancelled from Hon. Court.

Now when you are owner of entire property including land etc then there is no need  for you to become owner of specific flat.

Rather now in redevelopment /reconstruction you can claim more propertry than your expectation , it is true you will create many enemy including your negihbours but unfortunately this is realtiy and legal sitaution. 

I am not sure I heard large area of lous wadi in thane their conveyance is stayed by one or other reason from original owner and they want large share in redevelopment . 


(Guest)

All conyeance which is stayed by previous land owners are creating problem because they want more share , property , money in new redevelopment. 

See legal dispute are costly but they can fetch returns too , I accept the dispute would cost you in lakhs practically but you may gain proportionally if you try. 

Any how all decission is yours 

Kumar Doab (FIN)     11 May 2017

You may show all of the documents/agreement if any,  to a very able counsel at your location of unshakable repute and integrity, specializing in revenue/property/civil matters, for a considered opinion.  

 

LCI experts Mr. Madhu, Hemant Agarwal, Mr.Kishore Mehta, Mr. M.V.Gupta, are all from your location and post on such matters with their deep knowledge on local rules/laws. If you wish you can approach them. 

 


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