Deed of conveyance
Rahul Deb
(Querist) 07 March 2014
This query is : Resolved
Does a Deed of Conveyance , signed between a property developer and the purchaser of an apartment, supersede the Buyer's Agreement or any such Agreement signed between them at a date prior to the date of registration of the subject Deed of Conveyance / Sale Deed? If yes, could you please indicate the applicable Rule in Property Law?
Anirudh
(Expert) 07 March 2014
Please first give the fact situation. Then ask the query.
The query now posed by you is not at all clear. The query has to be related to some facts. Therefore, please bring the facts first.
Rahul Deb
(Querist) 07 March 2014
I have purchased an apartment from a developer in a condominium. While booking the flat, the developer made me sign a Buyer's Agreement, which had several terms and conditions. One such term related to the common Club House being developed within the premises of the Condominium for the use of the residents. Subsequent to my taking possession of my apartment, the developer transferred the ownership of the same to me through a Registered Deed of Conveyance. However, this Deed of Conveyance did not have any mention of the said Club. Now my query is: since the Deed of Conveyance does not mention the Club in anyway, do the terms mentioned in the Buyer's Agreement with respect to the Club still hold good or do they expire due to the Deed of Conveyance superseding the Buyer's Agreement?
Hope I have been able to explain my query.
Rahul Deb
(Querist) 07 March 2014
Thank you for your kind response Advocate Bhadra: but I could not understand how this post pertains to my query please. It would be kind in case you could please explain the answer in relation with my query.
Kishor Mehta
(Expert) 07 March 2014
Sir,
The relevant queries are:
[1] Whether the Buyers agreement was registered?
[2] Whether any reference to the Buyers agreement is made in the registered deed?
The terminology of the documents is important.
Good Luck,
Kishor Mehta
Rahul Deb
(Querist) 07 March 2014
Mr Mehta,
1. The Buyer's Agreement was not registered.
2. The Buyer's Agreement has been referred to in the Deed of Conveyance. In the Deed of Conveyance, the said document has also been referred to as Sale Agreement.
Regards
Anirudh
(Expert) 08 March 2014
So long as the Conveyance Deed has a mention to the Buyer's agreement that is enough. The Club House is not supposed to be conveyed to you. On the contrary, you are required to contribute to the cost which is embedded in the consideration paid by you. therefore, as a resident flat owner, you are entitled to use the Club House, as per the terms and conditions that may be framed by the Residents' Association etc.
malipeddi jaggarao
(Expert) 08 March 2014
After giving additional information by you your query is: since the Deed of Conveyance does not mention the Club in anyway, do the terms mentioned in the Buyer's Agreement with respect to the Club still hold good or do they expire due to the Deed of Conveyance superseding the Buyer's Agreement?
Ans: The Terms mentioned in the Buyer's Agreement with respect to the Club still hold good.
They will not expire due to the deed of Conveyance.
Devajyoti Barman
(Expert) 08 March 2014
The sale deed needs to be seen. Generally once the sale deed is executed, the sale agreement ceases to exist along with its all terms and condition.
However this is not so if the sale deed incorporates/adopts all the facilities as enumerated in the sale agreement.
If that is so in your case, then nothing to worry.
Rahul Deb
(Querist) 08 March 2014
Thank you gentlemen for your kind responses. It was a pleasure getting your opinions on the subject.
Regards
T. Kalaiselvan, Advocate
(Expert) 09 March 2014
While I endorse the experts opinion, I would like to add that the residents' association to be formed later on will be taking care of all these vital issues through the memorandum of association and its bye laws, thus your T & C as per sale agreement will hold ground.
