Utkarsh (NA) 30 August 2012
One of my friend is buying flat in resale where a society is not formed. The Seller and Builder have undergone a registered Agreement but not a sale deed. Builder is ready to give NOC to sale the flat. The concern is, my friend wants to have a registered sale deed. In this case, is it possible to execute the sale deed directly between the Seller and Buyer (as Seller and Builder didn't execute sale deed).? IF yes then, is it necessary for the builder to be present at the time of Sale Deed?
Adv. Meenakshi S (Advocate-Sra and Mhada matters) 30 August 2012
From whom did the seller purchase the flat? There must be some agreement between the erstwhile owners?
Utkarsh (NA) 30 August 2012
Thanks for replying Meenakshi.
Seller has purchased flat from builder. And they had registered 'Agreement To Sale' but not Sale Deed. The Seller has paid stamp duty and registration charges. Builder has given even possession letter to the Seller.
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 30 August 2012
Has the seller signed any collobaration with teh builder giving him authority to sell after constructing if that is the case, then builder has to execute the sale deed, if valid title has not passed to him ne needs to get the sale deed in his favour first and then execute it in your favour.
Good Luck !
Adv. Bharat Chugh
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 30 August 2012
Has the seller signed any collobaration with the builder giving him authority to sell after constructing if that is the case, then builder has to execute the sale deed, if valid title has not passed to him ne needs to get the sale deed in his favour first and then execute it in your favour.
Good Luck
Adv. Bharat Chugh
Utkarsh (NA) 31 August 2012
Thanks for your reply.
Seller has not signed any collobaration with the builder giving him authority to sell after construction. The builder has executed an Agreement For Sale in favor of the Seller but not the Sale Deed. My question is, whether the Title passes to the Seller as the Sale Deed has not been executed? And so, can Seller execute sale deed in foavor of Buyer (my friend) with builder NOC? Or shall builder first execute sale deed in favor of Seller?
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