Mansoori Zubair Salim (Student) 15 February 2013

Purchaseing a flat in load bearing system

Hello,

I Want to purchase a flate in Nallasopar.The Flat is in Load Bearing System.The Land Owner Has devoloped a Chawl in his own land and Selling it And told that The electricity Meter and Yearly Tax Comes In The Name Of the Purchaser.No Loan Facility is Available.The Seller i.e Builder Will Give me a Notary That he has sold the flat.No registration is Possible The Chawl Is 5years old.Please Help me Regarding:-

is it safe to purchase the flat under Load Bearing system by doing only notary No Registration?
what are the documents requires to see regarding Purchasing A flat?
if any Uncertainity in future after purchasing the flat?

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1 Replies

M V Gupta (Advocate) 08 March 2013

1. As per MOFA, 1963, the Owner is bound to execute an agreement for sale in the prescribed form and register it. Even in thecase of chawl sale of a romm in it requires to be evidenced by a slae deed duly stamped and registered, The old practice of purchsing a romm in the chawl evidenced by a notarised letter is not valid. Such a letter is not admissible in evidence nor creates any title in the purchaser.

2. Agreement for sale duly stamped and registered as stated above.

3. If agreement is not registered as stated above ur chawl owner will continue to be the owner, not u.