Sale deed regarding
P Yagna Narayana
(Querist) 11 December 2020
This query is : Resolved
Both my sister and me jointly made SALE AGREEMENT for flat which is under construction .Upto now we have paid jointly25Lakh i.e.half amount by me and remaining half amount by my sister. Now she is not paying any amount for the demand raised by the builder and she want to come out from the agreement .I said to her it would costs us heavily and the builder is going to pay only 10 Lakh if we are dropping from the agreement. Even then she want to discontinue.But i want to pay the remaining amount and want to complete.
question) Without her presence can i go for sale deed registration.
2)She is staying in USA and she may not come to registration also .
3)Kindly give suggestion?
Isaac Gabriel
(Expert) 11 December 2020
Sale deed could be obtained by youraelf on behalf of your sister.Furthr, the presence of the purchase.
P Yagna Narayana
(Querist) 11 December 2020
thanks for reply,sir can you throw more light on this
Advocate Bhartesh goyal
(Expert) 12 December 2020
Though purchasers presence is not mandatory at the time of registration of sale deed yet if property is being purchased in joint names then anyone of them can sign on sale deed.
Rajendra K Goyal
(Expert) 12 December 2020
It seems that the construction is not complete and possession has not been offered. Contact the builder to know whether name of your sister can be removed on receiving request and if yes, know the procedure and proceed.
If name can not be removed, your sister can give you special POA regarding this property. POA would be executed before the embassy officer and would be registered after receipt in India as per procedure.
P Yagna Narayana
(Querist) 12 December 2020
@Rajendra K Goyal: Sir ,i asked builder they are asking NOC from my sister. The problem is they are ready to loose amount and they can't wait for money from me i.e. whatever they paid upto now.Also She is my coapplicant and she want to come out from the project.Without any intimation they are dropping from project and harrasing me
P. Venu
(Expert) 12 December 2020
Any suggestion depends upon the terms of the sale agreement. Generally such agreements would provide for the conveyance being executed in favour either all or some or any of the parties or a person of their choice. if so, the best option is to have the sale deed executed in your favour.
P Yagna Narayana
(Querist) 12 December 2020
@venu : sir, the terms and conditions are in favour of builder completely.Now i have problem with joint partner only.
(question) can i pay remaining payment to builder and can i get sale deed in my name? Since coapplicant is dropping herself without intimation to me.
(question) In order to have sale deed to complete what else can i do to them. Suggest plese
Dr J C Vashista
(Expert) 13 December 2020
Take No Objection certificate from your sister, after settlement of your account with her, get fresh agreement registered/ notarised solo with Builder / coloniser and proceed payment of rest of the amount individually through bank.
It would be advisable to consult and engage a local prudent lawyer for better analyses of facts/ documents, professional guidance and necessary proceeding.
P Yagna Narayana
(Querist) 13 December 2020
Dr J C Vashista: They are volunterly releasing from the apartment. I promised that i will give amount within ONE year from the date of Sale deed,because now i need to pay complete funds to builder as they left .But they are asking interest on the payment paid to the builder,(IRONY IS they want to loose money to builder but not to brother).
(question) Can i go to sale deed without NO Objection Certificate from them?
Because i dont have any extra funds to go for second sale agreement,in coming Five months Sale deed registration is going to be happened.Only due to the shortage of funds,i want to bypass second sale agreement as it would cost me extra one Lakh which is unviable Kindly advice me please.
P. Venu
(Expert) 13 December 2020
Yes, a decree of conveyance in your favour is possible, provided the builder is willing. And also, your sister not precipitating a confrontation or an action in Law.
Rajendra K Goyal
(Expert) 13 December 2020
It is matter between you and your sister, how you settle your account / payment. Legally without involving much amount, the transfer can be effected.
