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Mohit (Sr. Engineer)     17 October 2013

Difference between sale deed & apartment deed?

Greetings.


I am a flat owner in Pune, Maharashtra. I had bought this flat in July'2012 from the first owner (who had bought the flat from the Builder during construction). I am now planning to sell it.


Now, the purchaser's Bank has requested that we furnish a Deed of Apartment as the Builder had registered the building as an Apartment at the time of giving possession after construction was complete. However the Builder did not execute an Apartment Deed with the first owners. They had done an Agreement for Sale & a Sale Deed. We followed the same procedure with the first owners (Agreement for Sale & Sale Deed). Hence no Apartment Deed exists with either the first owner or me. The Builder has provided NOC to the first owner at the time of our deal.

I have 2 queries.

1. What is the difference between Sale Deed & Apartment Deed?

2. Purchaser's Banks is requesting Apartment Deed between Builder & First Owner along with Builder & myself. How is it legal if Builder & First Owner execute an Apartment Deed now as First Owner has already transferred all rights to me in the Sale Deed executed with him?
 And, how can I execute an Apartment Deed with the Builder as I bought the flat from the First Owner.

Awaiting a prompt response. Thanks in advance.



Learning

 2 Replies

prudhvi (LlM,MSW)     17 October 2013

Sir,

The builder got General Power of Attorney from the owner which shows Builder Share given to the owner or amount. Along with mou both must me register they are called Apartment agreement. The Builder might sold Flat to you it is called Sale Deed.

prudhvi (LlM,MSW)     17 October 2013

Sir,

The builder got General Power of Attorney from the owner which shows Builder Share given to the owner or amount. Along with mou both must me register they are called Apartment agreement. The Builder might sold Flat to you it is called Sale Deed.


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