Sale deed
umesh HALKAR
(Querist) 17 September 2015
This query is : Open
Sir,
1. If the builder is notcompleted the 100% development and handover the layout to urban authority then first owner can perform the sale deed to second party without getting NOC from builder?Whether Vendor is required power of attorney?
2.An agreement signed by me and vendor for purchase of ready built flat in layout from vendor with part payment of Rs.5 lakhs transaction .In agreement vendor specified that the schedule of property is with electricity,water,sanitary and road connection.But vendor unable to give the water connection bill and telling that water will be serve by private party on need basis.And also not ready to give the NOC and no demand certificate from builder.When on line I checked land record it shows the entire layout land is in builders name issued for residential development.Only house is registered in vendors name.The entire original copy of property is in bank under loan and the copy of the agreement made between vendor&builder and other records are not given for verification also. Now the agreement due period is (3 months) completed.
I served a legal notice to vendor that I am ready to purchase with all required original documents.
but vendor has replied the original document is lying at bank and no NOC/ NO DEMAND CERTIFICATE ,NO WATER & SANITARY CONNECTION Documents available.Now I want to file case at courts of law under cheating and waste of my time/interest of money under penalty clause applicable as in agreement.Vendor has agreed and signed to clear all litigation and claims otherwise penalty shall applicable. Other than this any other method ? Vendor is not ready to give penalty amount Rs.10 lakhs.
thanks
