Regarding execution & registration of sale deed
shoaib
(Querist) 06 March 2013
This query is : Resolved
Sir,
Can a sale-deed be executed and registered on structure i.e. Only structure is built and seller undertakes to complete the structure and handover the possession of same after completion of building. Please guide with provision of law
ajay sethi
(Expert) 06 March 2013
necessary to go through provisions of agreement . seller is selling you building and undertakss to complete construction within stipulated time . however land on which building stands will continue to be with seller . conveyance should be of land and building as you are purchasng entire unit
shoaib
(Querist) 06 March 2013
Ajay Sir, my query is restricted only to single unit. I am only purchasing single unit. Builder wants to register sale deed of my unit in my favour on the basis of structure presently standing on land. Whether it is permissible as per law
arunprakaash.m.
(Expert) 06 March 2013
Yes it can be done. or Otherwise you can register Agreement for sale and take possession under section 53A of the transfer of the property Act. The builder as a licence can complete the work. After that conveyance can be done in your name.
Raj Kumar Makkad
(Expert) 06 March 2013
There is no legal hurdle to go ahead as desired. There is no such binding of law that complete building is to be sold rather it can be sold as per mutual agreement of the parties concerned.
Advocate Bhartesh goyal
(Expert) 07 March 2013
Yes sale deed can be executed and registered for incomplete building or skeleton.No legal hurdle or binding.
prabhakar singh
(Expert) 07 March 2013
In the circumstances you state it would be prudent to enter into a registered agreement to sale ,and on completion of the building a sale deed is registered because if sale deed is being chosen to be registered then the stuff to be sold is not in existence on the sale date rather there is a promise to create and complete the stuff on a future date and to hand over it on a later date,then it is not a complete sale but a promise to sale some thing of a specific kind.
It is not a case where you are buying whatever it is and where ever it is.
