Flat purchased on resale
jayesh sinha
(Querist) 21 August 2011
This query is : Resolved
i have purchased flat on resale from original owner who had purchased from builder and builder had given no dues certificate to orginal owner i want to know from legal points whether all the rights of orginal owner is passed on to me after resale and can the builder can demand any money from me(resale owner)kindly guide me
jayesh sinha
jayesh_95@rediffmail.com
ajay sethi
(Expert) 21 August 2011
is society formed ? when was flat sold by builder to original owner . when did you purchase the flat . please state all facts of the case
Devajyoti Barman
(Expert) 21 August 2011
In the sale deed it is specifically mentioned that the vendor has received the consideration amount in full.
So after that the seller is unlikely to succeed if he claim for money.
prabhakar singh
(Expert) 22 August 2011
If going through the title sale deed executed
in favor of original owner it is clear that ownership was unconditionally passed,even if for consideration to be paid in future by your seller,the builder has no right against you,at best he can realize it from your seller subject to law of limitation.
But if there is condition imposed that title will pass only after full payment of consideration then you can be held liable to pay with no compensation from your seller.
jayesh sinha
(Querist) 22 August 2011
kind attention of ajay sethi
building was constructed in year 2006 the original owner the original owner had purchaed it in year 2006 by faying full amount through agreement of sale but document not registered the original owner made sale deed in janauary 2011 and executed in year 2011 between buider and original owner i have purchased from original owner throgh sale deed in june 2011 no society is formed till date even when original owner was owner the vendor (buider)has given certificate to original owner in january 2011 that no dues are pending in that case can i be asked to pay any maintenance charge by buider
ajay sethi
(Expert) 22 August 2011
the facts as mentioned by you are as under
building constructed in 2006 and agreeemnt entered into by builder with orginal owner was in january 2011 and you have purchased from original owner on resale in june 2011 . no society formed yet .
since no society has been formed builder must be collecting maintenance charges for upkeep of building from members having flats . since you are the new owner you shall be liable to pay maintenance charges to builder
jayesh sinha
(Querist) 23 August 2011
kind attention of ajay sethi,
buiding contructed in year 2006 and by agreement of sale condition original owner have paid one time maintenance charge as written in agreement of sale of rs25,000 however sale deed was executed in jan2011 between buider and original owner before execution of sale deed in jan2011 original owner have taken no dues certificate that no dues are pending against him(original owner) i purchased flat on resale from original owner in june2011 only after seeing no dues certificate issued by buider to original owner in such case my question is when one time maintenane is already paid by original owner in year 2006 to builder can the buider can demand maitenance charge from me(resale owner)till date as per mofa act he has not formed society and handed society to apartment owners of 12owners kindly guide me the legal options available to me
jayesh
