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S Nandy   29 March 2024

Cancellation of an unregistered sale agreement/deed

I wish to purchase a flat in a newly built complex in Kolkata. However, the owner/investor of the flat has not registered his sales deed after purchasing. My financier is not willing to provide finance for an unregistered flat. The owner is also not willing to register his flat for financial burdens.

My question is whether there is any way to cancel the sales deed of the owner and execute a new one with the builder?? This way, the owner can get the price of the flat from the builder and my financier can disburse the loan to the builder, who is actually the clear title holder.



Quick Summary
This discussion addresses the complexities of purchasing a flat where the seller's sales deed is unregistered. The buyer's financier requires registration, but the seller is reluctant due to financial burdens. The core question is whether the unregistered sale deed can be cancelled and a new one executed directly with the builder, allowing the financier to disburse the loan. Potential solutions involve tripartite agreements, legal notices, and specific performance suits, alongside verifying the property's titleholder.

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     29 March 2024

You can enter into a tripartite agreement with the builder and the seller in order to get the property registered on your name, you can deal with the other issues of payment through your financier and the seller 

Shashi Dhara   29 March 2024

Issue legal notice and file suit for specific performance of contract.

Dr. J C Vashista (Advocate )     30 March 2024

iFind out whether titile of the property is marketable, if so, who is the titleholder of the flat (builder, investor or someone else) execute agreement to purchase with the titleholder. 


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