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ank   04 February 2024

Planning to buy a flat in noida but builder supertech will show ransfer in back date, is this valid?

I am planning to buy a ready to move flat in noida from a 3rd party seller who has NDC, everthing complete but the transfer process seems dubious. Even with no registry, builder threw a googly as in the new Allotment letter from builder will be back dated, will have original amount the flat was first sold at back in 2013-14 which is 50% of the amount i will be paying right now, will have no details of current owner. It will be made to show as if i am the first buyer of this flat with incorrect amount, incorrect date, no mention of previous owners.

Seller and broker are saying that curent owner details will be mentioned on the ATS. THIS FEELS VERY SHADY. First the builder itself is known for their shday practices, though the seller seems genuine but these blatent forgery from builders seems like a deal breaker.

I have seen transfer agreements before but this is something very new. BROKER also showed some other flat documents which were also sold the same way. Is this legit? Is this some kind of new scam from supertech that they will only transfer flat in back date ? Am i missing something here? Am i simply being paranoid or is this okay?


 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     04 February 2024

As stated facts, it is not advisable to take the flat.

Ramanathan G (Independent practice)     04 February 2024

as per Transfer of propert Act, immovable property having value above Rs.100/- to be transferred only through registered sale deed.
stamp duty was amended about 20 years back to the effect that, if possession given, power of attorney should have 90% stamp duty, and registered.
i am writing without reading Bare Acts. thus not minute information.
Consequence, the documents he will give you, will not give you Title and no right to sell later.

Real Soul.... (LEGAL)     05 February 2024

Buy that mess and rest 9in litigations.

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