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Hitudave67 (Manager)     17 October 2012

Property registration

Dear Sirs,

I Need help...

I have purchased a flat  in ahmedabad from builder on loan through a bank DSA in Oct. 2005 ( it was a approved project by that bank ), As My service was transfered frequntly in last few years I can't complete trace of documents copies and authorities.. Now I had repaid the Loan in 20th Aug 2012, I had got the documents as below :

1. Flat allotment agreement Rs. 57000/- from society notarised.

2. Flat construction agreement with builder Rs. 503000/- notarised.

3. Receipt from the builder for payment.

4. Share cirtificate from society.

My Questions are ..

1. above said documents are enough.. ?

2. Now when I am going to sale this flat I am being asked for registration of this agreement, is it compulsory ??  if yes what to do for this ??

3. I came to know that builder had not handed over ths power to society yet.. What to do than ??

4. What if builder not agree for Registration process ??


Kindly help me for my queries.. Thanx in advance..



 6 Replies

jbz (tf)     17 October 2012

Dear Sirs,

We (my friend & myself) want to buy an agri land at Kadambur [Guthiyalathur, Sathyamangalam, Tamilnadu] which is owned by an ST community owner.

The problem here is we suspect that this may be under 'Conditional patta'. As per the land broker the patta is given by 1972 to the present land owner. When we ask them EC, thay have get the EC for 24 years only that is from 1988 to 2012. When we asked the broker to get the EC for more number of years he said the registration department can able to give only 24 years.

So, how can we proceed further? Is it leagal to buy the agriland from them? Please support us. Thanks.


Bharatkumar (ADVOCATE )     17 October 2012

Dear Hitudave,

U purchase a property at 2005 so it's compulsory registration this deed at that time, so first u meet builder with Notarized documents and give application for registrarton this property in your name. If Society is co.op hou. soc. ltd so get a share certificate of society. All receipt of payment and other notarized documents are attach with application and received copy of application. The builder give a possession of property when u paaid all payments of property and key of property hand over u at the time of possession so you are absolute member of society or owner of property so u request builder and registration a Allotment Deed / Sale Deed at sub-registrar office.   

Advocate Upadhyay (partner)     17 October 2012

Dear Hitudave , 

Since u have mentioned that u had taken bank loan on this property , then u would have registered the agreement ,this is standard procedure with all the banks . U need to collect all the documents from the Bank , which u had given to them while processing of the loan.  Is the society registered,  do u have the share certificate in u r name ?

Hitudave67 (Manager)     19 October 2012

Dear Upadhyaysir/bharatsir,

Thanks for your reply.. but as i mentioned in my query, that I was having transferable job, and the complete process was done by the Bank DSA's Represntative.. and he had made a mistake.. or so !! I don't know how bank had passd the loan without registration.. I had today met the builder to their office.. with xerox copies.. His legal manager told me that most of allotment done that time are not registered..( Nearly 150-200Members) ..he is asking for all original documents need to be given to him including society share certificate & money receipts, he will veryfy the same and within 2-3 days he will arrange for register the sale agreement.. but the entire expense of around 70-80K need to be bear by me..

my query is ..

1. Can he ask such money ??

2. is it ok ?? can I do this ?? What if he misplace original or do something wrong ??

3. can I do something against bank.. ?? as it's clear loss of money due to it's DSA's nigligence..??

Your early advise will be highly appreciated..



Rasik Dagli (Lawyer)     20 October 2012

Simply a Notarised allotment letter is not sufficient. You maust get a registered Sale Deed executed in your favour to complete your Title to the Flat. Registration of Sale Deed is a must.

Unless you have aSale Deed in your favour, nobody will purchase your flat.

If necessary contact me at-rvdadvocate@gmail.com

I am from Ahmedabad.

Rasik Dagli


Rasik Dagli (Lawyer)     20 October 2012

You should engage a local Property Lawyer and take Title Clearance Certificate from him and also advise. You will be able  to find whether  you can purchase this land or not.

Rasik Dagli



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