• Missing signature on builder buyer agreement

I am in discussion to buy a resale flat in Gurgaon. The seller has conveynance deed , allotment letter and payment receipt. But he doesn't have signed builder buyer agreement, he has blank copies of builder buyer agreement.

As per agent he will procure a letter from builder mentioning execution of agreement didn't happen and bank is fine with this to process loan.

Please advise me if it is safe to go ahead with the deal, whether there would be any issue if i would to resale the flat again in future. 

Thanks in advance.
Asked 6 years ago in Property Law
Religion: Hindu

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10 Answers

If he has a registered conveyance deed.its safe to proceed.. For futher detail consultation , kindly contact in person.. Advocate Hemant Chaudhary( district court gurgaon

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

1. If the seller has registered the sale deed in connection with the said flat and you have seen the original registered deed of conveyance of the said flat, then there is no requiredment for asking for the agreement for sale since the sale has already been conducted and sale deed registered.

2. You can safely buy the said property from the owner of the dflat in whose name the sale deed of the flat has already been registered.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

No such notification in press is required for buying the flat and also for not executing the agreement of sale.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

You need signed copy of builder buyer agreement

2) blank copies ate not sufficient

3) if agreement was not executed between builder and buyer you can based on legal advise purchase property

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

1. The title to a property originates from the sale deed, not the agreement to sell. Once the sale deed is executed the sale agreement pales into insignificance.

2. Conduct due diligence through a lawyer to ensure title is free and marketable.

3. FIR or advertisement is not required.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

As long as the conveyance deed is available, there is nothing to worry. Go ahead with the deal.

Vibhanshu Srivastava
Advocate, Lucknow
9586 Answers
303 Consultations

5.0 on 5.0

Please ask him to get a NOC from the builder or you enter into a BBA afresh with the builder. However, since you have conveyance deed , allotment letter and payment receipt there seems no issue, but still in order to avoid any legal complications in future you can do so as suggested.

regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

A buyer should exercise utmost caution while buying property in India. Buying a flat that is under construction is often very risky. On the other hand, it sometimes offers price benefit. Buying a flat that has already been constructed is sometimes considered much safer. Buying a resale property is quite advantageous- no project delays, ready-to-move-in property and no service tax/VAT burden. The resale flats are an affordable solution to the accommodation needs of the salaried individuals. Buying a property is not all that supremely easy.

What are the important documents required to buy a resale apartment, Flat, Villa or independent house?

This is big question arising at the time buying a resale flat .The documents were genuine, hence no fraudulent deals. So ask the seller to provide all original documents for perusal. Things you should check before buying a resale flat.

List of documents required

1. Sale deed (Present Title deed) in name of present seller.

2. Encumbrance Certificate from date of purchase till date

3. Latest tax receipt and electricity bill & receipt for the said flat

4. NOC from the society for sale of the flat and Share certificates issued by the society if any.

5. Mother Deed’ or parent document

6. Agreement of sale & construction executed by developer in favour of seller(Ask to produce original agreement with builder)

7. Khata certificate & extract from BBMP

8. Sanctioned building plan

9. Possession/occupancy certificate from builder

10. Joint development agreement, GPA, & Sharing/supplementary Agreement, between land owner and builder

11. Power of attorney/s if any

In the case of resale flat No need for builder buyer agreement.

Ajay N S
Advocate, Ernakulam
4072 Answers
110 Consultations

5.0 on 5.0

The builder buyer agreement is one of the basic document

In it you will find the terms and conditions mutually agreed them.

It may contain the description and details about construction and the stipulated for completion.

No doubt that is not a very essential document at this stage, but your Advocate can give a detailed opinion to this situation.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

No FIR is maintainable neither a newspaper publication is required.

You may obtain a proper legal opinion before buying it.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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