Raghu Prakash 25 April 2021

Can i buy 15yrold flat where saleagreement not registered

Respected Sir/Madam

I am planning to buy a 2 BHK ( 1020 sqft of SBA ) 2002 year old flat which is in 3rd floor. ( Total G+3 floor) in Bangalore

The total flat is 40 nos with 40 Car parking, They have taken Proper Plan approval for this 40 Flat, No common wall and the construction is as per plan. and with good Jogging track with one cmmon lift and Children play Area. All this details they have mentioned in the Sale agreement with the Flat number.

during 2002 time the builder has registered only the UDS portion through Sale deed for all the 40 Individual flats. But only issue is they have done the Individual Sale Agreement ( Construction agreement ) done in Stamp Paper but they have not registered this Sale Agreement ( Construction agreement )

I checked with the people who bought recently from previous owners, now in the current registration they are registering with all the UDS and the build up area mentioning the flat number and registering. Schedule A ( Parent details), Schedule B ( UDS), Schedule C ( the Flat 1020 sqt ft with all the details).

The Individual flat is having A Khata mentioning the Flat name with UDS and SBA and Property Tax been paid till date.

The Builder who has done the transaction in 2002 now he is no more.

The construction is good and the apartment is well maintained neatly with Proper good Association.

So want to know whether I can buy this flat and future any problem will arise

Thanks

Rgds

T.Raghu Prakash

Bangalore

Reply Follow

6 Replies

Dr J C Vashista (Advocate) 26 April 2021

Agreement to sell do not confer title (ownership) of the property in the name of purchaser.

Get the title searched by a local prudent lawyer.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 26 April 2021

1. Coordinate with a local Property Lawyer, with all the available documents, for proper guidance & solutions. However, you become liable for earlier unpaid Registration Fees & Stamp Duty with penalty, depending on various parameters.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Pradipta Nath (Advocate) 26 April 2021

Please seek a conference with an Advocate.

Sankaranarayanan (Advocate) 26 April 2021

if The title of the property is clear and free from all encumbrances then no hurdle to buy the property. Sale agreement between the previous buyer and seller would not affect your acts

Sakthivelu Ramanujam 26 April 2021

dear raghu the first sale of a flat will always be uds only . the second sales include the total sq.ft of the flat. the builder can't register the agreement for sale for all flat owners. most builders don't register but that won't create any issue if the uds reg. and schedule are correct. as a second buyer check other documents like the sale deed or poa acquired by the builder, parent document,encumbrances ..if they are ok you can buy it no probs.

P. Venu (Advocate) 27 April 2021

To my understanding, the situation is that, the procedure as posted, each apartment has been jointly constructed on the land which had been vested with them through the UDS. Of course, the construction had been carried out by the builder. But essentially the property in the apartment has been generated by the flat owners by their own wealth and efforts. As such, flat owners themselves have been the original title holders and hence, beyond the rigours of Section 17 of the Registration Act.

The situation is very much similar an individual plot owner constructing a house in his plot after obtaining the permissions/approvals from the local municipality.

Hence, to my knowledge, lack of registration by the local title holder is not an encumbrance for him transfer a valid title to the purchaser through a registered conveyance.