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Rohit Khanna (Finance Pro)     24 January 2014

Need inputs on resale of under construction flat

I am going to buy a resale Under Construction flat, supposed to be given posession in 3 months. Current owner has paid 90% payment and has also Agreement to Sale done with building(with valid stamp duty paid). Broker has advised to go for Agreement to Sale and then approach builder for NOC.

I have also been told by one of Bank Loan executive that this Agreement to Sale will need tripartite agreement between builder , seller and myself.  Further later again a confirmation deed or sale deed will need to be done with Seller.

Request your views and inputs on-

- what exactly is sequence of legal documents to be executed and registered

-does first agreement needs to be tri-party or only NOC from builder sufficient?  What about subsequent documents

-any specific clause recommended to be included in legal documents/deed.

 



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 1 Replies

Adv Akhtar Ali Sheikh (Property Law Consultant)     24 January 2014

Is the first agreement registered? If yes the NOC of builder will suffice, if no triparty is must. Is the society formed if yes consent of society must. No confirmation with seller required. There is noi question of subsequent dicument you need only registered document. Either with the seller if first agreement registered else the triparty one.

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