If second owner does not have sale deed, can the third owner still do the sale deed?
The sale agreement between the second owner and the third owner has been done. But, the second owner had not done sale deed with the first owner. The builder has transferred share certificate in the second owner's name, which actually has not been disbursed yet to any of the society members. But, we the third owners, went through these articles and realize that we should execute the sale deed with the second owner. Please advise how can we secure a clear saleable title in our name at this stage?
Asked 4 years ago in Property Law
Thank you all for the prompt responses.
Just want to clarify that all previous "Sale agreements" are in place in the chain of documents:
- Between builder and the first owner, yes
- Between the first and the second owners, yes
- Between the second owners (Father, son, son's wife) and the third owner (me), MOU has been signed, pre-requisites of sale agreement have been completed, viz. society NOC availed and stamp duty-registration charges paid to the registrar. Only signing of the sale agreement is scheduled for soon
My question now is:
Can any clause be added in the sale agreement between the second owners and the third owner to mitigate all ownership risks?
Asked 4 years ago