Flat sold without some papers
I bought a flat in 2002 from a builder and financed by hdfc bank. Now when I sold it to another person nagar nigam passed map is not in document and whole area is also not registered (one room and kitchen are not shown in map).when I asked builder he said it happened to all other flats too. My flat is sold to that third person and he gave full amount in cash. I want to know that the registry of my flat could be cancelled by him without my consent. I did not hide any legal documents to him
Asked in Property Law from Gwalior, Madhya Pradesh
was agreement registered? if agreement is duly stamped and registered purchaser is owner of said flat now . you must have given inspection of original documents . at time of sale of flat . registry cannot be cancelled unilaterally
Yes sir I gave all papers I have at the time of registry and it is duly stamped and I too verbally told purchaser about those left papers.
Asked 3 years ago
if purchaser has purchased flat after taking inspection of all original documents in your possession and after doing due diligence it is his funeral now . if entire consideration was paid in cash what was consideration shown in agreement ?
If the agreement in favour of the subsequent purchaser has been registered and stamped then ownership has transferred to him. The registered deed cannot be cancelled unilaterally by the purchaser. After ownership has transferred to the purchaser he cannot cancel the registry except if there is a consensus to this effect between him and the seller.
The entire consideration has been paid by the purchaser and registry has been made in his favour. No consequences can accrue to you now as you are not the owner any more. If any portion of the property has not been mentioned then he is required to take the necessary steps to overcome the loophole.