• Purchase of flats under builder agreement

I intend to purcase a flat built under builder owner agreement duly registered.
flats are ready and i am buying flat which is builder share. this allocation of flat between builder and owner is on stamp paer duly notarised but not registered. if the builder only execute sale deed will it give undisputed title of propertyto me.
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Asked 4 years ago in Property Law
Religion: Muslim

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15 Answers

1. Registered Sale Deed can be executed in the following manner:

a) Buyer = you

b) Seller = Builder

c) Seller = Owner, as confirming party

2. Check the Development Agreement and its clauses and IF possible check the Title Certificates of the Land and construction permissions, thru a proper property lawyer.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Title search needs to be done of the property, where in the records for the last 40 years of the ownership of the property Chain needs to be scrutinized.

Also, the original documents of the Builder needs to be vetted.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

Yes this will give the undisputed title to you of the property as there is notarised agreement between builder and the land owner but i would suggest you either as land owner so sign as witness or ask a NOC for future safe guard if at all there is any dispute arises.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Land title document the revenue extracts, conversion if land was agriculture before, plan approvals from the concerned authority, if construction is complete the Occupancy certificate, the registered Joint developer agreement.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. First thing you will have to is to engage a local advocate who can scrutinize the available documents and can ask for documents lacking. the checklist varies with the nature of property. In general title deed, sanctioned building plan, joint development agreement and registered POA is important documents to be checked.

3. The JDA need not be registered but at the time making the sale deed it requires signature of both builder and the landowner.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

The builder, even selling his share i the property shall be doing it on the basis of the POA deed given to him, hence it will not make any difference to you.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

Image result for documents to verify before buying a flat

Here are the documents that you should check when buying a flat from a builder.

Sale Deed:

Mother Deed:

Building approval plan:

Commencement Certificate (For under construction property):

Conversion Certificate (Agricultural to Non-Agricultural land):

Khata Certificate and Khata Extract:

Encumbrance Certificate (EC):

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

Yes if the builder gets a sale deed registered on your name then you will get the tile of the land.

Regardss

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You will have to get in touch with a local lawyer who may get a title search report of the property.

Do get the sale deed registered after payment of the stamp duty.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

hello

the builder can sell the flat to you and it would be yours with no interference from the owner.

regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

The builder landowner suplemementary agreement for division of flats needs to be duly stamped and registered to avoid legal complications

2) mere notraised agreement is not sufficient to protect your interests

3) mere execution of sale deed would not confer clear and marketable title to the property

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Check whether building plans have been sanctioned by municipal corporation

2) check whether commencement certificate issued

3) check whether occupation certificate I issued by corporation

4) take 30 years title search of property

5) obtain non encumberance certificate from registrar office

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

As the document is notarised builder owner development agreement you will need owner's signature along with builder's on sale deed for undisputed title transfer.

Check the ownership documents like chain of title deeds.

If possible get the search report of property from the lawyer. And also find out if nationalised banks grants loan to property or not.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Assure first of all that the builder has got valid rights to sell that property to you. Get the original sale deeds verified from Registry office.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

This is my response to you:

1. Purchasing flat from a notarised agreement is not valid;

2. You need to obtain the correct title of the property;

3. You need to investigate upon the real owner of the property;

4. So do a title search report on the same;

5. Approach the Sub-Registrar office and obtain the ownership rights;

6. Consult a local lawyer and then only purchase.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

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