amit (owner) 05 August 2013

Buying unregistered flat from seller

hello

i just purchased a flat in rajarhat kolkata from a lady. This lady had purchased the flat from the builder in 2007 when the flat was under construction. in 2012, the builder asked the lady to take posession and also get the flat regsitered but she dint get it registered as she wanted to sell it....now she has sold the flat to me\

i wanna take loan from a bank and buy this flat. The builder has given me an agreement terming as assignment agreement where first party is lady as seller, i am second party as purchaser and the builder is third party and conforming party

My lawyer says that this agreement is false. the real agreement shall be
builder as seller and 1st party, me as buyer and 2nd party and the lady as conforming party

the builder is saying my lawyer does not know anything... i am in a soup. please guide me....also if some draft agreement is available. i have given 1lakh to lady as booking amount

Reply Follow

5 Replies

Sudhir Kumar, Advocate (Advocate) 06 August 2013

You are not the owner of the house. She did not sell you anything which she had. She was not the owner of the flat.

Advocate Vishnu (Advocate) 06 August 2013

Amit,

Ask the developer to cancel the agreement entered with the lady and register the flat in your name. Pl do not enter into unregistered agreements when you are dealing with immovable property.

amit (owner) 06 August 2013

The lady had purchased d flat at 20lakh from d builder and is selling to me at 28 lakh.so if d builder cancels the agreement wid d lady n does fresh agreement wid me...the builder will receive d paymnt from my bank from whr i ll take loan

Advocate Vishnu (Advocate) 06 August 2013

Yes. Make it a point to register any agreement you enter with the builder and do read the agreement document carefully or get a legal opinion before you enter into such agreements.

K.K.Ganguly (Advocate) 11 August 2013

1. Your lawyer is right,

2. The lady does not have the title of the property. So, she can not sell the same to you till the property is registered in her name,

3. The builder has the authority acquired through POA for singning the sale deed which he can execute in your favour & the lady needs to be the confirming party since there was an agreement for sale with her signed by the builder,

4. I have sold my own property situate at Salt Lake in this way,

5. This way, one registration cost is saved,

6. Your builder certainly is aware of this fact.