If property is not registered and it is for the sale and builder is happy to transfer this property then there is no problem and all the documentation will be made in your favour it is between you and builder and the original buyer . the property will be transferred directly to your name.
Transfer of Resale Flat from allotment
Can a builder transfer the flat from original allottee to new buyer after occupancy certificate(OC) is recieved for the block(completion certificate is not recieved for the project) but possession letter is not given to Original allottee even full payment is done by the original allottee to builder in Haryana case: say, X buys a property and allotment letter,BBA is issued to X. X sells it to Y without registry from builder to Y before possession letter to X even though OC is received for the project but CC is pending . 1) Can Builder transfer the rights of allotment to Y.? ? 2) is it safe for new buyer to go for the deal since possession letter is not issued to X but OC is recieved for the block and CC is pending for the project. 3) any case of stamp evasion? Pl. clarify
Asked 6 years ago in Property Law
Religion: Hindu
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10 Answers
1. Yes but technically the builder needs to be confirming party in the transaction.
2. The builder need to be confirming party in the deed between X and the buyer then only the title of the property shall be perfect.
3. This won't be case of the stamp evasion.
Builder can't do such illegal things. Allotte can approach rera of Consumer court as per his merits and maintanibility of the case.
1. There is no difficulty to purchase this property provided in the deed of conveyance all the parties i.e.original buyer, developer and the purchaser are made party.
2. If the CC and OC is issued now then non issuance of such certificate to the previous buyer is no difficulty at all.
3. There is no question of stamp duty evasion.
Tripartite agreement should be executed between seller builder and purchaser to confer clear and marketable title to the flat . It should be duly stamped and registered
2) ideally sale deed ought to be executed between builder and allottee as full consideration has been paid by him
Hi,the builder can make such transfer anytime before execution of conveyance deed in favour of original allottee...
Hi,
It is quite possible and the due documentation should be done between allottee X and the builder to ensure relinquish of right of X and transfer of the right to Y. Y will get the possession and occupation certificate from the builder and he will be placed in the same position as of X.
Yes,
Safe but double stamp duty payable.
1. The builder cannot transfer the same to another buyer without a tripartite agreement entered among the builder, original buyer and the new buyer in this regard.
2. The OC or CC or the possession letter is not an issue but the procedure is that the existing buyer has to give away his rights in the property to the new buyer through builder, hence a tripartite agreement among them would solve the issue properly with the conditions and terms mentioned therein
- As per the information mentioned in the present query, makes it clear that there has been a subsequent transaction with respect to the property which is already bought.
- Yes, as per law it can be done but as the certificate is not issued yet, builder will also need to be involved in the selling process.
- Here must be a new agreement for sale involving the builder and both C and Y stating everything into it, get the same duly registered.
