Sale deed of Flat on 3rd Floor
Kindly advice on the validity of the following sale deed:
Flat located on 3rd floor
Current stage of construction:1st floor slab level.(Photo on the sale deed depicting the 1st floor slab)
Landowners have executed the sale deed.
Further, Landowners have given development rights to a developer firm(a partnership firm of the landowners)
Construction agreement executed by the developer firm in favour of the proposed buyers.
Sale deed cost- Rs. 10 lacs- paid to the landowners.
Construction agreement cost- Rs.20 lacs to be paid to the developer firm.
The sale deed reads: "Sale of partly constructed flat noXXX measuring 1000 sq ft and undivided share of land measuring- 600 sq.ft. Possession of the flat is hereby transferred to the buyers".
If the above sale deed is invalid, how can it be corrected? Any rectification deed to be done?
The builder and the purchaser are friends. However, what actions can each take against the other?
Asked in Property Law from Ahmedabad, Gujarat
you can check the format of sale deed from the Advoctes practising in Sub registrar office who will ,if required will provide a copy of the registered owner from the office
Advocate, New Delhi
it is necessary to go through the sale deed / construction agreement executed by land owners/ developer to advise . it is only when construction is completed and occupation certificate issued can possession be handed over to buyers .
The Sale Deed is invalid and cannot be registered. Convert this sale Deed into an Agreement with specification of your undivided share of land, particulars about constructions and payments made.
The sale deed is already registered. Can I get it converted to Agreement(Agreement to sale I assume is suggested) now?
Asked 3 years ago
What is the recourse now? Sale deed money has been already paid.
Builder is ready to get the mistake rectified.
Asked 3 years ago
contact a local lawyer . get agreement drafted by him
Without a threadbare perusal of sale deed it is impossible to form an opinion respecting its validity. Possession could not have been transferred unless occupancy certificate was obtained. Whether premature possession vitiates the sale deed has to be answered with reference to sale deed, agreement and the bye laws prevailing in the area.
Consult a lawyer and show him all the related documents so that he may advise you what should be done.