Pending sale deed execution

Dr. Rizwan (Querist) 08 March 2013 This query is : Resolved
Can a flat be sold by a possession holder to a third party with only notarized sale agreement with the builder and a possession letter given by the builder? In this case if the builder is not ready to execute a sale deed with the possession holder even after paying the full amount in sale agreement, how does law cover the possession holder or force the builder to execute a sale deed for the flat?

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ajay sethi (Expert) 08 March 2013
move consumer forumn for necessary reliefs to direct builder to execute sale deed in your favour .

R.K Nanda (Expert) 08 March 2013
first send legal notice to builder to execute

SD in ur favour.

adv. rajeev ( rajoo ) (Expert) 09 March 2013
I do agree with the answers of both experts, but the agreement of sale is notarised, it should be regd., one.

prabhakar singh (Expert) 09 March 2013
Q."Can a flat be sold by a possession holder to a third party with only notarized sale agreement with the builder and a possession letter given by the builder? "

Answer:NO,NOT AT ALL.BECAUSE HE( possession holder) DOES NOT HAVE ANY MARKETABLE TITLE.

Q. how does law cover the possession holder or force the builder to execute a sale deed for the flat?

Answer:Such possession is protected under provisions of section 53 A of the transfer of property Act.sale deed could be executed
by intervention of court by decree of specific performance.

Better get in touch of a local civil law practitioner.

Raj Kumar Makkad (Expert) 10 March 2013
Civil suit for specific performance is maintainable in such cases so file it after serving the due notice to the seller.