I am planning to purchase an unregistered 2 BHK flat under resale in Bangalore. Party S who resides in China had executed Construction and Build agreement with Builder B in Apr, 2013 and paid 0.1% stamp duty. So far till date, he has paid 90% of the sale value and had not taken any loan for the same. Property is not yet registered on his name and it recently got OC and CC. This is how we planned to proceed to transact. Me and Party S will sign the MOU first. I will pay the impending amount to builder on behalf of Party S. Party S gets the NOC from builder to transfer the property on my name. Builder will execute the assignment deed in which Party S will be assigning all his rights mentioned in build and construction agreements to me. Builder will be signing the same as Confirming/Consenting witness. Since the owner is not available in India, he wont be signing as confirming party or consenting witness during sale deed registration. He doesn't even have a registered GPA who can sign on his behalf. Is it recommended to register the property on my name from builder directly without Party S reference in sale deed? Does it add any complications when I resell the property in furture? Can Party S or his descendants in future can claim that it was done under duress/coercion since he is not appearing during registration process anyways.
