• 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?


Regards,
RP
Asked 2 years ago 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
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
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 .
Ajay Sethi
Advocate, Mumbai
23165 Answers
1216 Consultations
5.0 on 5.0
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.
Sai Kiran R
Advocate, Bangalore
86 Answers
6 Consultations
4.7 on 5.0
no
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
contact a local lawyer . get agreement drafted by him
Ajay Sethi
Advocate, Mumbai
23165 Answers
1216 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
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Consult a lawyer and show him all the related documents so that he may advise you what should be done.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0

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