srinivas (xxxxx) 27 December 2021

Whether we need to get sale deed done

we had executed agreement to sell for purchase of a two bhk flat in pune way back in 2000 . builder has given us the posssesion letter after receipt of full payment. however no final sale deed was done . flat is in a building having 30falts which is managed by housing co op society and hsg co op society has obtained deemed conveyance also for the building . pl let us know whether we need to have final sale deed from the builder and if he is no longer in the business what to do . our names are figuring in the deemed conyeyance deed obtained by the society . pl advice whether thsi is sufficient for us to prove the owenership of our flat and for selling the same.

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3 Replies

G.L.N. Prasad (Retired employee.) 27 December 2021

Contact a local advocate and file a declaration suit in a competent court involving all flat owners.

Kishor Mehta (CEO) 27 December 2021

You need to havev a properly stamped, executed and registered sale document to prove the absolute ownership of the flat.

Dr J C Vashista (Advocate) 28 December 2021

In the absence of sale deed you have "no" title (ownership) of the flat despite the fact society conveyance deed has record of the ownership (title).

There is no such concept as "deemed conveyance" in Transfer of Property Act, 1882 as mentioned by you.

You are not the owner of flat then what can be sold by you ?

Ask the builder to execute proper "Sale Deed" in favour of purchasers, if builder is reluctant / non available file a suit for specific performance against the builder, society and Sub-Registrar or suit for declaration through a local prudent lawyer.