(Querist) 27 October 2021
This query is : Resolved
We want to purchase one flat and the seller is a company who is owing 9 flat in one building... They have all the documents but possession letter and allotment letter is missing... They told us they have approached builder but they are not providing any duplicate regarding this... They have done FIR earlier for missing of these letters...Company's legal team is saying that they have possession of this property flat from 2007. We can also go for any newspaper advertisement for the said flat...Actually I need to know being a layman that should I go for this kind of property..
(Expert) 27 October 2021
The company made FIR, what is the result of FIR? Better to give publication in a largest circulated newspaper about the property which you are going to purchase for objections from any within a month.
Yes you have to get the document missing FIR and get a paper advertisement in the local newspaper. In addition to this get the title search report from the advocate to confirm the title of the property and any incumbrances.
(Expert) 28 October 2021
Dear Sir, Before I provide you my opinion on your query, please note the following:- 1. The first document which is generated in purchasing a flat which are under construction is allotment letter. 2. The second document is the possession letter, once the construction is complete is all respects and the building gets the occupancy certificate from the local authority, followed by the acceptance letter by allotee. 3. And finally there is Conveyance Deed. Please note that this is the title document under law.
Coming back to query, you have stated that the company owns 9 flats in a building. You are interested to purchase one. Now even if the company does not have allotment letter and possession letter issued by builder still they must have conveyance deed. If they have conveyance deed, then simply advertise in regional newspaper for objections regarding possession of flat you want to purchase. If no objections are received in a month or so, then you may occupy the flat.
However, if the company does not have conveyance deed then DO NOT PURCHASE THE FLAT UNLESS company shows a valid conveyance deed in their favor.
Regards Shubham Bhardwaj (Advocate) District & Session Court, Chandigarh Punjab & Haryana High Court, at Chandigarh
Disclaimer:- Opinion is only for guidance.
Dr J C Vashista
(Expert) 29 October 2021
Very well analysed, opined and advised by experts especially Mr. Shubham Bhardwaj, which I agree and appreciate. Get title searched in the records of area Sub-Registrar through a local lawyer for the flat which you have earmarked for purchase.