• Payment of receipt for transfer of HBA

This is an unusual situation. I have booked a flat with a builder. I have executed house buyer's agreement(HBA) with the builder. I have not taken possession yet. Another person has expressed interest in buying the property from me. In this case there would be a tripartite agreement between myself, the buyer and the builder. The HBA/property will be transferred to the buyer.

The buyer will pay me the price agreed upon at the time of signing of the tripartite agreement. If it was a sale deed, there would have been a mention the DD on the sale deed. Since builder has nothing to do with the transaction between me and the buyer, there will be no mention of the payment by the buyer to me. 

I am trying to see if I can get a separate document between myself and the buyer that mentions the DD and protects my interests in case there is problem later. The buyer is genuine, however I just want to have the extra level of protection. If such a document can be done, what would it look like?

Thanks
Asked 8 years ago in Property Law
Religion: Hindu

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4 Answers

1) you should register your sale agreement with builder . Pay stamp duty and registration charges

2)then sell your flat to purchaser

3) in the alternative cancel your agreement with builder . Take refund of money paid by you

4) then builder would sell flat to the purchaser

5) in case of tripartite agreement banks are reluctant to sanction loans as it is regarded as an exercise to save on stamp duty and registration charges

6) in case of tripartite agreement consideration to be paid to you can be mentioned

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

The tripartite agreement among you three would have recitals of what you desire to incorporate as a separate document to this situation.

The agreement which is to be made among yourselves should be drafted in such a way that all the details about the payment and mode of payment and the transactions between the parties are clearly furnished and endorsed.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1.Have you paid the entire consideration to the builder?

2. If no then the tripartite agreement shall have to have mention of the balance payment to be paid by your buyer..

3. If yes, then the tripartite agreement need not mention the amount to be paid by him to you if you do not wish to though normally it is mentioned.

4. However, while executing the sale deed by the builder to your buyer, the details of the payment you have ,made to the builder and what you have received from your buyer shall have to mentioned which will be registered by the builder in favour of your buyer.

5. Your buyer will insist for mentioning the amount he has paid to you for getting the allotment of the flat transferred from you to him by the builder based on the tripartite agreement signed by all of you.

6. You shall have to sign as the confirming party while registering the sale deed by the builder in fabour of your buyer.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. you have booked a flat and possession is pending. booking of flat is an agreement to sell. this agreement gives you right in the property.

2. before execution of sale deed or final contract of sell you can transfer your right to any person.

3. you can sell this flat to any person before getting possession or completion of sale deed.

4. you can claim money paid by you from the proposed buyer as a compensation and it is legal.

5. tripartite agreement would be beneficial because builder, being a party, can easily execute sale deed in proposed buyer's favour.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

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