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Getting Registry of Sale Deed of a Property, yet not constructed??

Querist : Anonymous (Querist) 11 May 2011 This query is : Resolved 
I have handed over my 400 sq. yds. plot in Delhi for construction to a developer.

It is collaboration deal.

The construction is just on initial stages.

The developer wants me to get the Registry(Sale Deed) done in his name at this point of time (It was already settled that I would do the Registry,whenever he would ask after starting the construction).


My doubt is--Would it be legal to get a property's (particular floor)sale deed registered ,which is yet to come in existence (the construction has yet started and the floor which is to be given to the Developer is yet to come in existence)?


Thanks a lot in advance.
A V Vishal (Expert) 11 May 2011
If the construction has started and the floor is constructed(semi finished/Unfinished too) can be registered
abhay dholakiya (Expert) 11 May 2011
agree with mr vishal construction can registered even if it semi finished or unfinish
R.Ramachandran (Expert) 11 May 2011
Is there any collaboration agreement entered into by you? If so what are the terms and conditions contained therein? You have to show your papers to a lawyer and get his advice before proceeding any further.
Querist : Anonymous (Querist) 11 May 2011
But the basic question is---sale deed would say that the floor has been constructed while it is yet in initial stages of construction--that is the basic difference--clarify please--further....
R.Ramachandran (Expert) 11 May 2011
If you can answer my query, whether there is any Collaboration Agreement in place between you and the developer, the rest of the things will fall in place. Why don't you answer that point first.
sanjeev murthy desai (Expert) 11 May 2011
Mr. Ramchandran is right, first you should have tell the rights and obligations under the collaboration agreement.

In your case construction is initial stage, hence please confirm the existence of particular floor otherwise sale ll become null and void.
Querist : Anonymous (Querist) 11 May 2011
I am sorry,that I missed telling that yes,there is a collaboration agreement, and in this agreement, It was already settled that I would do the Registry(sale deed),whenever the builder would ask after starting the construction.

The question is I do not have any objection in getting this sale deed done, but can I make a sale deed registered for a property which is yet not constructed,but whose sale deed agreement would be declaring that it has been fully constructed,would not that be illegal?


I think I am clearer now.

Please help....
sanjeev murthy desai (Expert) 11 May 2011
Without existence of the property such sale ll become null and void. hence you should have to wait for construction.


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