Division of the flats between builder and owner
Kk
(Querist) 07 July 2018
This query is : Resolved
I'm purchasing a flat from the builder. Builder claims it to be from his share of flats.The division of the flats between builder and the landlord is not clearly defined in the development agreement cum power of attorney between the builder and the landlord. What precautions I need to take to ensure that builder isn't selling me a flat from the landlord's share?
Kishor Mehta
(Expert) 07 July 2018
Get the consent of the landlord in the registered purchase document.
R.Ramachandran
(Expert) 07 July 2018
Be careful. If possible better avoid it, unless the builder shows how he is the absolute owner of the flat. Unless the land owner executes the sale deed for Undivided proportionate share of the land underneath, and the builder executes the conveyance/sale deed towards the constructed portion of the flat, you will not get proper TITLE to the property. Let me again caution you, better be CAREFUL. It is your hard earned money.
Dr J C Vashista
(Expert) 08 July 2018
The title of flat is under the clouds of doubt. Until the title is clear do not finalise the deal.
Consult a local prudent lawyer for better appreciation of facts, guidance and proceeding.
krishna mohan
(Expert) 24 July 2018
Development agreement to be perused by a legal expert on property matters to advise and guide you correctly. But normally the owner of the land or his GPA registers undivided portion of land for all flat owners proportionate to their share of built up area. Hence you need to check whether GPA is with the builder or any other person if the land lord himself not registering the undivided share of land.
