Clarifications about sale deed


All,

    We are planning to buy a flat from a person in Bangalore. When we saw his document, we found following issues. 

1. In sale deed, the sale and construction agreement dates are mentioned as April 1st 2015. However in the original sale agreement shared by him the date is mentioned as April 24th 2015. The certificate was issued in April 1st 2015. However at the time of franking, it seems that date was modified to April 24th 2015 (as franking was sone on that date). However construction agreement date is April 1st 2015 (it seems that this is not modified as it was not franked). It it okay?

2. It seems that  franking was done in sub-registrar office, jayanagar, bangalore. However property was  finally registered in Bommanhalli, Bangalore. Is this allowed?

3. In the sale deed total amount is mismatching with individual sums. The total sale consideratiion is 25 lakhs, details of cheques are mentioned for amounts 21lakhs,1 lakh,2 lakhs and 93,000. There is not detials of 7,000 rupees in the document. When I asked the person, he says that it was done by mistake. He says that he can show his bank statement where details of 7000 rupees are mentioned saying it was given to the builder. Will this proof suffice?

4. Bank people have issued a dd of 2 lakhs for him. It is mentioned as cheque in the document, however originally it was dd.

Please let us know if above are acceptable

Regards,

Ranjit

 
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advocate

If you are planning to buy a flat following requirement necessary to verify:

  1. Name of the land owner
  2. Planning permission.
  3. Fir permission
  4. Communication letter between the builder & buyer.
  5. Allotment letter
  6. Money receipt

My query is whether that flat already constructed or going to be constructed?

Jyotirmaya Prasad Behera

jyotir.29@gmail.com


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It is already constructed. Seller has been statying there for the past 6 months. 

5. when you say allotment letter, is it the letter given by the builder saying that apartment is ready for possession. The seller has given us copy of the same.

6. Does money receipt mean the receipt from builder saying he received so and so amount?Please let us know if we have receipts from seller summing to total sale of consideration, I need not worry about 3 and 4 in my first post.

How about 1 and 2 in my first post?

 

Regards,

Ranjit

 
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p

First myself not from Karnatak , myself from Maharashtra (So accept my limitation in State Law of Karnatak , But Some acts of central is also affecting your transcation and most state law are almost same with little varion so wants to give try , may not be 100% correct but 60-70%)

1. In Maharashtra Under one District , there are various sub registrar and you can register with any sub registrar . So if same thing has happened in your case , so it is ok. For this query you have to visit Registration office of District or that Sub registrar office , try to talk or get information form Govt. employee or officer in 

2. Since the document is registered 1 or 2 year back myself sure , your state too have scaned the document and kept in it. Get Certified Scan copy of all documents. For getting certified scan copy you need registration no. date , registrar office (where it was done).  Purpose of this is you will get correct document which is registered there. 

3. Whether Original Builder is availble , I feel it is only 1 or 2 year newly constructed building ,Try to meet him and get Rectification Deed done , Register it at same place between him and the original person. With this all content will be made straight (Well this is what is safest method) 

4. Once This two documents that original deed , rectrificaton deed is done then you can move with your transaction of purchasing that flat and you make proper sale deed mentioning Details of orignal deed and also mentioning what is in rectificatin deed what are rectification done and presumed now. Rectification Deed is required to be registered at same Place.

5. Additionally you requre Good local Advocate who knows about property law to check remaining all documents whether they are in order, Whether Land records, Society , Municipal records, Building Plan sanction is there or not whether title is proper or not. So you take help of some good advocate from your city and get it done. For Rectification Deed , you will need advocate he will do it . Registation fee etc. for it , any addiional nominal stamp duty will be calculated by him and he can put things in order

6. I feel althought not that much imp. still better you do rectification deed of original sale deed because in future you people don't come or world is small so they too are not available so , once remaining it remains forever and after 10-15 years next person to have same problem some time. Property transcation try to do as legal as you can , it is for life time single investment for most 

 


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