• Purchase resale flat from 1st owner

I want to buy resale flat , here agreement of sale is executed between builder and owner ,however sale deed is not executed but possession letter issued to owner. here society is not formed yet.

In this case if I want to buy flat I should execute sale deed between me and builder or between me and owner.

pls advice.
Asked 3 years ago in Property Law from Pune, Maharashtra
is sale agreement between builder and seller registered? if possession letter issued that means Oc is granted by muncipial corporation . construction has been completed . seller has to obtain approval from builder for sale of flat . please note that before you finalise deal please cross check with seller who will pay the transfer charges . builder will charge over a lakh to transfer flat in favour of purchaser . better wait for  society to be formed . 

transfer charges are lower in society . anyhow agreement will be between you and the seller .
Ajay Sethi
Advocate, Mumbai
26060 Answers
1416 Consultations
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if agreement between builder and seller is cancelled in such a case builder will enter into fresh agreement with you for sale of flat .
Ajay Sethi
Advocate, Mumbai
26060 Answers
1416 Consultations
5.0 on 5.0
builder has already sold flat to seller . it appears that possession has already been handed over by the builder . generally in such  a case on receipt of transfer charges builder grants approval for transfer of flat in name of purchaser . . sale deed is executed between seller and the purchaser . 

you mentioned that agreement between builder and seller is cancelled . in such a case builder can enter into sale deed directly with you . if agreement is cancelled no need for sale deed between builder and seller .
Ajay Sethi
Advocate, Mumbai
26060 Answers
1416 Consultations
5.0 on 5.0
Has the agreement between builder and owner cancelled? If yes, how could it be cancelled unilaterally after the possession letter was delivered to the owner? For what reasons has it been cancelled? I do not believe that agreement has been cancelled if the owner took a NOC from the builder. If it has been cancelled then current owner has lost ownership rights in regard to the flat, in which event the agreement and sale deed have to be made between you and the builder.
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
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If the agreement between builder and current owner exists to date and the same is registered according to law then the owner has to enter into an agreement with you.
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
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Builder cannot cancel the agreement unilaterally if it has been executed. Since the agreement is valid the agreement for sale has to be now made between you and the owner.
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0
. in a nut shell if agreement between builder and seller is subsisting then sale deed will have to be between you and seller.  no need to execute agreement for sale . you can immediately execute sale deed . better contact a local lawyer .
Ajay Sethi
Advocate, Mumbai
26060 Answers
1416 Consultations
5.0 on 5.0
There is no need to make an agreement. If owner is willing to sell the flat to you then you may go ahead and directly make a sale deed.
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0

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