• Sale deed

I have purchased an invested flat from builder, in considersation of inverstor X. Now im facing problem to get loan as bank needs sale deed. The builder & investor both donot have the sale deed document.

Please advice urgently

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Asked 6 years ago in Property Law
Religion: Hindu

4 answers received in 10 minutes.

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21 Answers

Without a proper sale or conveyance deed, no bank is going to give you a loan.

So, you should serve a legal notice to the builder asking him to refund the amount already paid to him due to the defect in the title of the property.

If he fails to do so you can file a complaint against him in consumer court where you would have to prove the mode of payment of consideration.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Dear client, 

Without registered sale deed, ownership dose not transfer. Builder must be having POA. Check from him.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Tripartite agreement can be executed between builder , investor and you 

 

2) it should be duly stamped and registered 

 

3) not necessary that there should be sale deed 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

You can seek refund from the builder. No bank will give you loan without documents. 

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

Go and execute tripartite agreement and get it registered with the help of a prominent local lawyer.

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

Hello,

I would only like to suggest you to not to proceed with this sale. If anybody doesnt have a title he cannot sell the same.

Regards.

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

The flat was purchased by you but neither you nor the builder or the investor have th he property papers. Try to find out in whose name the property is registered. Then only things may be sorted out.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1) Ask builder to prepare sale deed and registered it with registrar.

 

2) Ask Bank is it ok to go for Agreement to Sale and registered it with registrar and than bank can disburse the loan amount to builder accordingly flow plan of construction work completion.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Tripartite agreement means you will make selling party to both of them Builder and Investor as well and  sale deed get this registered on your name.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Tripartite agreement involves 3 parties together in one Agreement. You can proceed with Consumer court if builder doesn't refund you

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

Agreement between 3 parties. Execute on 500rs stamp and get it registered 

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

A tripartite agreement is between 3 parties. If you haven't done this you will have to do so so as to make the title of the property clear.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

tripartite agreeemt is between builder , investor and purchaser which mention that builder has allotted flat to investor , that x amount has been paid by investor to builder , that builder gives his consent for sale of flat to purchaser 

 

2) you have to pay stamp duty and registration charges 

 

3) if you don’t proceed with sale deed of cancellation has to be executed 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

Tripartite agreements have been established to assist buyers with acquiring loans for properties against the planned purchase of the property. Since the home/apartment is still not in the name of the customer until possession, the builder is included within the agreement with the bank.. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear Sir,

You have get tripartite agreement which means apart from vendor and purchaser there will be another party who will be treated consenting party.  Thus you may get a sale deed and raise bank loans without any difficulty.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

1.  The property would have been safe to buy, subject to that the Investor & Builder, both sign as the "confirming party" in the Sale Deed.  This will regularize everything, for future sale /purchase /gift /mortgage /etc....  

2.  There is no need for any further type of agreement.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

 tripartite agreement is an agreement done between three parties,

you have an option to execute a tripartite agreement and get it registered at no extra cost.

 

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

You said that you have purchased the property, how did you purchase it, by a sale deed or just like that?

Do you have any proof for paying the money?

You can issue a legal notice to the seller to execute a registered sale deed on your name failing which you can approach court seeking specific reliefs 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

If there was no sale deed executed to the seller by the builder then you can enter into a tripartite agreement with both the builder and ther seller,. it will not involve much cost.

If you dont proceed with the sale deed then you cannot claim title to the property nor you can own the property

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

1. Why does the bank need the sale deed if you have purchased it from the builder?

2. To sanction the loan bank needs an agreement to sell. In this scenario a tripartite agreement to sell needs to be made between builder, investor and you.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have already into an agreement with the builder and if not complied then may be lose all money if there is any such clause in the agreement.
  2. But, yes if you would have put any clause as to “if not able to get loan then there will be no forfeiture of the amount” then can get your money back otherwise it’s quite tough.
  3. And A tripartite agreement is the key legal document involving the buyer, bank and seller. ... These agreements usually state that if the owner/borrower is in breach of the non-payment clause of the loan agreement, the mortgager/lender becomes the new owner of the property.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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