Regarding supplementary agreements of flat
We had a flat measuring 1300 sq. ft consisting of two flats of 550 sq.ft ( 1bhk )and 750 sq.ft (2bhk) in kamote Navi Mumbai. These two flats were combined by us and we registered in our name as a single flat in 2007.
In 2011 we sold this flat in the same condition (as A single flat) to another person, and registered the same in the other persons name.
Now the party to whom we had sold the flat, wants to convert this flat into two, and sell it to two parties.
They had approached me and is asking me for a supplementary agreement registration for converting this flat into two, after four years of sale.
As all dealing was completed legally and registration was done in the partys name in 2011 itself, I told the party that I will not give any further signature or make any further agreements.
Kindly advice me the correct legal procedure as we are no more concerned with the said flat.
Thanks & Regards
Asked in Property Law from Mumbai, Maharashtra
1. You are not legally bound to put any more signatures.
2. Since you have sold a single consolidated unit you can not now reverse the same by entering into a separate agreement.
3. The buyer can now certainly apply for separate mutation for two separate flats and then sell those as 2 different units for which your signature is not required at all.
4. I do not see any reason for you to execute supplementary agreement in any event.
1) did you purchase 2 flats from builders in your single name?
2)whether permission of society was obtained for joining the 2 flats and registering in single name?
3) you could not have legally joined the 2 flats into single flat without prior permission of cooperative housing society and muncipal corporation .
4) once you have sold the flat you cease to be owner of the said flat
5) it is not necessary for you to execute any suplementary agreement as sought by purchaser for converting single flat into two .
Hi, as you sold the same you are not bound to sign any agreement and you have no right to same as you sold to third party.
1. The ownership of the single flat passed to the buyer when the sale deed was registered in his favour in 2011.
2. Were the necessary clearances obtained before registering the two flats as a single flat? After the sale of the flat no part of the agreement to sell, if executed, was left to be performed by you. The legal relationship between you and the buyer came to an end with the transfer of ownership to him.
3. If the agreement you entered into with the buyer does not mandate you to take steps, subsequent to the sale of the flat as a single unit, to convert the flat into two units, you are not obligated to accede to the demand of the current owner.
Once a property is registered, it means that the person in whose favour the property is registered is the lawful owner of the premises and is fully responsible for it in all respects (the right of absolute ownership changes from seller to buyer). So in your case,
You have no right over the flat. So there is no scope in supplementary agreement
The Builder already gets the permission of two flat from local authority at the time of construction. So check the status of room in cooperative housing society and Municipal Corporation .Check the payment of tax in two separate numbers or in single number.
1) By virtue of the sale agreement you executed you have ceased to be the owner of the said flat since 2011 and is in no way in an authority to make any signature with regard to the same property.
2) You are not obligated to do anything in executing any thing further regarding the property.
1. The actual problem of the buyer due to which he is asking you to execute a supplemantary agreement is not understood,
2. It is not agreement but sale deed for the flats combined into a single unit has been registered by you in his favour,
3. Now after so many years you shall have to execute and register a Rectification of Sale Deed by dividing the combined unit in to two flats, which may not be accepted by the registrar,
4. It is not understood as to why does he want you to do tha same since he himself can divide the said combined flat into two seperate units and register two seperate sale deed accordingly duly marking the two flats seperately to give them distinct identity,
5. He won't face any problem for dividing his unit since as per the sanctioned plan he has two seperate flats which he has combined into one.
The present owner of the flat has absolute right to deal with the property the way he likes and therefore you are not supposed to dance with the tunes of the new owner.