Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

Agreement of Flat

A buyer purchased a second hand flat from seller by just an Agreement to sale and registered Power of Attorney, but Agreement is not registered, but it is notarized.  Xerox copy has not heen handed over to seller. Now buyer is using and enjoying premises not mentioned in Agreement, like terraces and constructed shed which causes harm to sellers flat.  How we can challange buyer on the basis legal grounds?

Plz. reply immediately.



Learning

 6 Replies

A V Vishal (Advocate)     13 September 2009

It is not clear from the query where the property is situated and what are the terms of the alleged agreement, every state has Housing society/Flats act which regulates conduct and relations of the individual flat owners. In your case too there must be an association which regulates the affairs of the building, The association can write to this flat owner calling for an explanation for his actions and appropriately redress the grievance of all the parties to the dispute. Further, the common areas like the terrace and sheds can be enjoyed by all residents except for those areas which are reserved areas like alloted parking etc. Hence try to settle the dispute through negotiations first and in case it fails then you can approach the appropriate forum.


(Guest)

Their is no association of forum. Its an apartment. only five flats there. The property is situated in city area at pune.

A V Vishal (Advocate)     13 September 2009

Then in the first place it should be seen what were the terms under which the builder sold the flat to the original owner and only then proper advise can be given. Every problem has a solution and also so in your case too but without going into facts nothing can be advised legally.


(Guest)

Sir, their is no builder. Seller is Owner of apartment and he is illeterate.

Breif Facts:

Purchaser was tanent later he purchased property by way of abovmentioned agreement to sale with Power of attorney on second floor. their was one BHK flat. accordingly, owner of apartment / seller constructed two extra rooms on first floor and on the terrace of that new two rooms he desired to construct a balcony. but this Purchaser demolished this balcony illegally and constructed his own shed by giving threats even he has no authority and also he well known and aware from fact that this premises (terrace on this new two rooms constructed by seller) is not in the agreement to sale. but he constructed shed illegally and now he is not paying maintenance charges also and not giving xerox copy of original agreement and Power of attorney.

this was the fact that i know

now plz. help.


(Guest)

if an agreement to sale is notorazed than whether it is legal to say that ownership of property is transferred?


(Guest)

First make a complaint with the Municipal corporation.Later remove all illegal constructions without any notice. Lodge a police complaint for threatning by the buyer.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register