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Anurag   04 February 2024

Selling a property in two parts to two separate buyers

I purchased two flats from the builder in a newly constructed apartment building. Both flats were registered under a single sale deed at Kolkata. I am the sole owner of the two flats.

I now want to sell the two flats separately to two buyers. How do I go about it? Both flats will be sold in a gap of 3 months. Any step I need to take wrt my current combined sale deed of 2 flats before I go ahead with the sale of the first of the two flats? Thanks! 



Learning

 4 Replies

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

You can sell the two flats to two buyers.

Ramanathan G (Independent practice)     04 February 2024

I donot have experience. write with some knowledge.
1. Apply for Certified copy of sale deed and no Encumberence certificate from Sub Registrar.
2. take Mutation document certified copy, from Revenue office.
3. in the first sale, it will be written, hence joint sale deed, only Certified copy is given, original shown.
4. in the second sale, original also will be given.

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

Correlty drwan above by R G

Aadil (Student)     18 May 2024

Dear Anurag,

Thank you for your query! I am Aadil and I will try to answer your question.

The short answer to your question would be NO, you do not have to take any extra step before you go ahead with their sale. 

According to the Apartment Ownership Act, 1989, the buyer of an apartment or flat has complete ownership rights over the said property. They have the right to demand all legal documents concerning the property from the seller/developer, the right to decide who may enter their property, the right to enjoy their property provided they do not infringe the rights of others in the process, the right to rent out their property and expel their tenants upon default, and also the right to sell their property. 

It must also be noted that the owner of the property also thus owns a part of the land upon which the said property stands, that is the right to own an undivided share of land (UDS).

Thus the owner of the property does not have to worry about any extra legal procedures before selling their flat/apartment.

I hope this helps. Thank you for your time and patience!

 

Regards,

Aadil


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