validity of unregisterd developer/collaboration agreement
Annu
(Querist) 02 December 2011
This query is : Resolved
hello sir, i want to know the validity of an unregistered developer agreement.I am the builder/Developer of the multistoried apartment project which is now complete.The developer/collaboration agreement has an attachment in the form of partition deed wherein the flat no's of respective share of landowner and builder are shown .Above developer agreement and partition deed says that "Once the project is complete both parties become exclusive owner of their respective share of flats and both the parties can sell their share of flat/s independently." The land owner has sold out his complete share without having the signature of builder/developer. My question now is:- 1. can i now sell my share of flats with my (developer/builder)signature in case the land owner is not willing to cooperate and sign. 2.if the collaboration agreement is not registered wud it be legitimate for me to sell my share of flats without the landowners signature.3.Can i challenge the selling of landowners share of flats on the ground that he had not obtained my signatures while making a sell.
V R SHROFF
(Expert) 02 December 2011
You do not get any right., once it is unregistered.
Who have Power of Attorney? if u have, of land owner, you can use it for selling your Flats.
If you sell, without his consent, he call drag you to court, get injunction, and court may direct you to maintain status quo, injunction, restraining you to sell
Annu
(Querist) 02 December 2011
Shroff sir,
i am selling the flats of my own share.
as per the agreement ,there is a clause saying that after completion i can sell my share independently.he has also sold his share independently.the agreement is duly signed along with the partition deed of flats.
Raj Kumar Makkad
(Expert) 02 December 2011
As the owner has already used the relevant clause and has sold the flats without getting your approval or consent, the same right is available to you and if he raises any objection then get his all sale-deeds challenged in the same way.
Non-registration of the agreement is not a bar to force your rights.
Annu
(Querist) 02 December 2011
thank u raj kumar ji.
M/s. Y-not legal services
(Expert) 02 December 2011
am also feel that unregistered agreement also valid one., you can prove it with the witnessed peoples.,
Devajyoti Barman
(Expert) 03 December 2011
I have already replied in your later query.
prabhakar singh
(Expert) 03 December 2011
No registration required for such agreements.
Jai Karan Nagwan
(Expert) 03 December 2011
I am scare whether builder will be able to convey the title to purchaser in present situation. Dev agreement is nothing but equal to POA. However will not be fair to say anything without going through the agreement.
Annu
(Querist) 05 December 2011
Does such an agreement comes in the category of "documents to be compulsorily registered" or
does it comes in the category of "documents whose registration is optional"
under the Indian Registration Act 1908?
prabhakar singh
(Expert) 06 December 2011
They come in category of "documents whose registration is optional"
under the Indian Registration Act 1908.
Annu
(Querist) 06 December 2011
thanks prabhakar sir...
Annu
(Querist) 08 December 2011
hello makkad sir,
as per ur views and advice i could make out that i m quite safe to sell out my share of flats.what wud u suggest regarding my decision to sell out my flats.from legal point of view i suppose i m OK..
Annu
(Querist) 10 December 2011
sir please urgently reply to the above post .
Annu
(Querist) 11 December 2011
hello makkad sir,kindly read my point of understanding the case and please reply accordingly as i have got a buyer....
pls sir its very urgent..Thanks nd regards.
Annu
(Querist) 27 September 2014
Sir,
In the above case what should be better course:registering sale deed in the name of purchaser or doing registered agreement for sale with the purchaser along with my registered power of attorney to the purchaser.
