• Change unit in under construction apartment after registration

dear sir,
  I brought  flat  A(2BHK) and did registration 1month earlier, building is under construction. now I am willing to upgrade to B (3BHK) flat in same apartment. 
  please advise weather it is possible and if Yes what is the procedure.
Asked 3 years ago in Property Law from Singapore
Religion: Hindu
Hi, you can upgrade the 2BHK into 3BHK and request the Builder to cancel the earlier agreement and enter  into a  new agreement with Builder and you have to pay more amount for initial deposits.

2. If you have taken the loan from the Bank then you have to make necessary application/ permission form the Bank also.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

1) once sale deed is made you are absolute owner of said flat 

2) you can request the builder  that you want to sell the flat and buy 3 BHk flat .

3) you can sell the flat and buy 3 BK flat 

4) in the alternative if builder is agreeable enter into deed of exchange for exchanging 2 BK flat with 3 bhK flat and pay balance consideration 

5)have it duly stamped and registered 
Ajay Sethi
Advocate, Mumbai
46684 Answers
2762 Consultations

5.0 on 5.0

1. Since the registration is already done then you have to gift it to the builder and purchase a new one.
2. In that event you have to bear the registration fee and stamp duty for gift and purchase of a new one.
3. After registration the transfer is complete and hence it can not be cancelled on paper.
Devajyoti Barman
Advocate, Kolkata
13128 Answers
174 Consultations

5.0 on 5.0

1. What did you register? The agreement or the deed of conveyance? If the conveyance deed of the 2BHK flat is already registered in your favour then you have become the owner thereof. 

2. If the flat is registered in your favour then you can only make an additional purchase. You cannot compel the builder legally to exchange your 2 BHK for a 3 BHK.

3. If the agreement alone has been registered till now then you may cancel it and then apply for a 3 BHK. However, the cancellation can take place only within the ambit of the agreement itself.
Ashish Davessar
Advocate, Jaipur
23097 Answers
639 Consultations

5.0 on 5.0

1. You dis the registration of what?

2. Did you register the Sale Deed before the construction was over? It is improper,

3. Or you had just registered the agreement for sale,

4. However, you can file a Rectification Deed stating that inadvertantly the 2BHK has been typed in place of 3BHK in the said deed.
Krishna Kishore Ganguly
Advocate, Kolkata
18749 Answers
452 Consultations

5.0 on 5.0

A. Have you got the registration Sale Deed or Agreement for Sale?

B. You need to get the NOC from the builder and you can enter into a Deed of Exchange and you have bounden duty to pay the additional amount in respect of 3 BHK.

C. Moreover, if you got the registration of Sale Deed, you have another option also, you can release the flat to the builder by execution of Release Deed by receiving your total consideration amount. Later, you can enter a fresh Sale agreement for 3 BHK.

D. In my opinion, Deed of Exchange of flat is more better. Contact local advocate for additional query and draft of your deed.
B.T. Ravi
Advocate, Bangalore
836 Answers
58 Consultations

5.0 on 5.0

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