• Buying resale flat without mutation

I'm buying a Resale flat from personal finance(without bank loan).
Here is the scenario:
Both myself and my lawyer have seen the original Registered Sale deed, possession letter, and Allotment letter.
Searching has been done by my lawyer and its ok. Still I want a second opinion so posting here.
The seller hasn't done mutation yet.

My qs:
1) Is it 100% safe to buy the flat even though Mutation isn't done yet in the given scenario? My lawyer says no problem. What are the risks of buying a flat without mutation?

2) The Said flat has 2 parkings(one which came originally with the flat and another he bought later.
The allotment letter has the flat and 1 parking mentioned. While the possession letter as well as the Sale Deed has both parking mentioned clearly. Still do I need to confirm with the apartment association re both the Parking spaces?

Thanks
Asked 7 years ago in Property Law
Religion: Hindu

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17 Answers

1. There is no risk if the title documents are clear and possession is with them and there is no third party mutation on same. further mutation is not long process the owner seller can get same done before sale deed.

2. It is better to confirm same write a letter and ask for written NOC for both parkings from.the owners association.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. Mutation is not a proof of ownership. You may still go ahead and buy it even in absence of it. Get your name mutated in the revenue record after buying this flat.

2. yes, better to confirm before hand.

 

 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Mutation is a necessary document required for changing of title ownership from one person to another when the property is sold or transferred. By mutation, the new property owner gets the property recorded on his name in the land revenue department and the government is able to charge property tax from the rightful owner. It should be taken every six months from the revenue dept. in order to check for any wrongful transaction on the property. 

The allotment of Parking Space shall be made by the association so you should confirm with association. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1) mutation dues not confer title to property 

 

2) it is only for payment of property taxes 

 

3) once sale deed is executed duly stamped and registered purchaser is absolute owner of property 

 

4) advisable that mutation be done in favour of purchaser then only purchase the flat 

 

5) do confirm with the apartment association about both parking slots 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

If there is no mutation it is not required now a days in case of resident flats and house. 

However u need to take all the original papers from the seller in ur custody. 

Don't worry about the allotement to him but in your sale deed get this written that the property is transferred with all the benifets and appurtenances thereto.

Amol Chitravanshi
Advocate, Delhi
279 Answers
1 Consultation

Hello,

1. There should not be amy problem with this but you should insist on doing this before the sale.

2. You should clearly mentioned the same in a letter addressing to the association,

Hope this helps.

Regards.

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

1) You have to take NOC from society or apartment association regarding that you're purchasing flat plus 2 parkings clearly mention in your application. First take the acknowledgement and later answer of your questions.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. Mutation is not the proof of title. It is done for the purpose of payment of revenue and it is a mere proof of possession.

2. So if the titile is clen and titile is clear then there is no impediment to buy this proeprty even if there is no Mutation certificate in the name of the seller.

3. Since in the sae deed there is mentioning of both parking spaces then you can also incldue the 2 parking spaces in your  deed of conveyance.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Dear Client,

Have you seen complete chain of documents - from the origin of flat. Also get non encumbrance certificate. Check if any bank loan due.

Open parking cannot be sell - common area, hope its covered parking.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

See sir legally open parking spaces cannot be sold it can be alloted only so in your case it would be better to obtain the NOC from society for this transfer so they don't object in future.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

It is advisable to confirm with association regarding parking slots before you purchase the flats 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

The is no need to seek any confirmation from the Managing Committee. It has nothing to do with the tiitle of the property you are gping to purchase though it would have been better if I would have seen the titile deed.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. Is your seller the first allottee? If not then collect originals of all the link deeds to ensure that the said flat was not kept under mortgage by any of its earlier owner while availing loan from the Bank. In that case subsequent sale of mortgaged property wilol be considered as invalid. More over, conduct Court search also to ensure that the property is not under any litigation to be 100% safe. 

 

2. Get the matter confirmed from the Assiociation and collect the evidence of the maintenance fees paid for the flat with one parking space and also another parking space mentioned separately.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. There might be complications raised later on since it is not an open and shut case. 

 

2. The allotment was for the flat and one parking space whereas the registered sale deed based on the said allotment lettervis for one flat and two parking spaces.

 

3. Moreover, the said property has not been mutated which is required to be done now to be 100% safe.

 

4. If you can collect evidence that maintenance charge for your flat with one parking space and also the other parking space has been collected separately, then it will be easier for you to prove that the Association has accepted the ownership of two parking space standing in the name of the seller.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

As i said, open parking comes under common area, no ownership on it, even if you paid for it.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

1. You may find problems when you are trying to get the property mutated to your name hence you can ask the seller to first mutate the property to his name.

2. There can be problem regarding second parking space after you buy this flat.

Therefore ascertain the subject matter and after confirmation you may proceed.

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

The parking space cannot be sold by the builder hence you cannot claim rights over second parking space.

The society may withdraw the second parking space.

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

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