Hi, you only have to pay for the stamp charges once ,when the builder makes a conveyance deed in your favour ...Later when you sell the property,the buyer has to pay the charges not you (seller)..However,if he is delaying the conveyance deed ,you can file a complaint before RERA
Can a builder deny the transfer of a property that has been fully paid up and possession offered
I have an apartment with DLF in Gurgaon, for which we have fully paid and all dues cleared.Possession has been offered to us. We are now selling the same but the builder is not agreeing to transfer the same saying that as we have no dues remaining, the only option is to get conveyance deed in the name of the first buyer i.e. 'Me'. Only then we can further sell it. Which basically means paying stamp duty twice. Is there any such ruling or law by the government or any other department? The agreement with builder does not state any such condition in the transfer related clauses.
Asked 6 years ago in Property Law
Religion: Hindu
17 Answers
No he can't deny the same. You can approach rera or consumer court as per your case
No ruling shall apply on this since the agreement is to transfer in your name the builder shall transfer same in your name only you cannot force him to transfer to third party only on mutual agreement tri party agreement with new seller is possible.
Tripartite agreement can be executed between builder you and purchaser
however if builder refuses then sale deed has to be registered in your name then only you can sell it
The property is yours. It is in tu our name. Now only you have the power yo transfer sell the property.
Therefore the builder is right in insisting upon you selling the property as he cannot sell the property.
Regards
The flat is registered in your name and hence he cannot sell it.
1. IF you have a Duly Stamp Duty paid and Registered "Sale Deed", executed between you and the builder, THEN you can legally sell /transfer /gift /donate /mortgage /whatever, WITHOUT any reference to the Builder /whosoever.
2. IF you do NOT have a Duly Stamp Duty paid and Registered "Sale Deed", executed between you and the builder, THEN you CANNOT sell the property.
Yes, He can transfer the property as per agreement to sale.
You can tell your problems why you want to sell the property as of now.
Or one way is there if the other party agrees with you to make joint ownership from builder and later on you can make release deed or no claim deed and remove your name from property.
My question is that is there any such law or ruling by the government which does not allow builder to transfer/reassign property if 100% payment has been made. (Logic being once full payment is made, government does not want to lose out on double stamp duty which the seller evades by entering into tripartite agreement with builder and buyer and the buyer then pays stamp duty once only). This ruling has been cited on few occasions by brokers also who I have discussed matter with, but no one and I'm also not able to trace its source or any specific case.
Asked 6 years ago
Ideally it will be breach of contract as well as cheating if builder takes 100 percent payment and doesn't transfer the property. You don't need a ruling for the same as this is proma facie deficiency in service
There is no such law builder can enter into tripatre agreement and can transfer to other party you can be the confirming party in same.
1) The sale of an immovable property is defined under Section 54 of the Transfer of Property Act, 1882, as follows: “Sale is a transfer of ownership in exchange for a price paid or promised or part paid and part promised."
2) According to Section 17 of ‘The Registration Act, 1908’, the registration of an immovable property is compulsory if the value of the rproperty exceeds Rs. 100/- and it is the registration of the property which makes the sale valid. For getting the registration done, both the parties must present themselves in the sub-registrar office with the original documents within four months from the date of execution
3) A transfer of title in property is not valid if the sale deed is not registered.
1) Its totally depend upon builder's wish that he wants to transfer property or not.
2) You can convince to builder and get registered property on other party name or make tripartite agreement.
3) If you want a citation case I can provide you for the same.
Dear sir
You have to first get the flat transfer to your name by conveyance deed as builder is not in contract with your party as you have paid the consideration in full he have to make the transfer in your name to complete his specific performance of contract.
The it will be your right you can transfer it to anyone you want to.
First of all you should understand the existing provisions in this regard.
You are the buyer, you have paid the full sale consideration amount to the builder, got the property registered to your name, now at the time of possession you are asking the builder to sell the property to new buyer, which cannot be made since it is illegal act.
You have paid the stamp duty, your prospective buyer shall pay the stamp duty on his purchase of the property, there is no question of double stamp duty.
If the sale deed has not been registered and it is remaining at that stage then the prospective buyer, yourself and the builder can enter into a tripartite agreement on this and can proceed in the manner law has explained under this provision.
Why do you want to go for the ruling in this aspect.
If ther was no sale deed executed in your favor yet, you may ask the builder to enter into a tripartite agreement with the new buyer and you, which is legally allowed in law.
Your builder cannot deny this arrangement, if he does then you may issue a legal notice to him stating that you want to cancel the booking however there is another person to buy this property in yor place hence to refund the booking amount and other formalities he is instructed to enter into a tripartite agreement failing which this would be enforced through court of law by filing a suit for specific reliefs.
You can discuss with a local advocate and proceed.
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No, if denied, file criminal complain u/s 406, 420 IPC.
There is no need for a judgment on this as it is the undisputed law of the land and there is no ambiguity in it.
The flat was purchased in your name and it is registered in your name. The builder doesn't have any say in it.
Now
Dear Sir,
All you need to know about Conveyance Deed
While buying or selling any property, you must have come across various legal documents that are required to prove the ownership of that property. Conveyance deed is one such document that is required when there is a transfer of ownership of any property from one person to another.
Here's everything that you need to know about a conveyance deed –
What is Conveyance Deed?
The term "Deed" means a written legal contract that binds the parties to its terms and can be proved in the court as evidence.
The term 'Conveyance' is used when there is transfer of ownership or legal title in a property from one person to another. Hence, a conveyance deed is a legal document between a transferor and a transferee, which proves that a title or ownership in the property along with all other rights related to the property have been transferred from one person to another.
It informs that the property is free from any restrictions and disputes. Both parties sign it and it can be produced in a court if any dispute relating to the agreement arises in future.
However, a conveyance deed is a wide term which not only includes a sale of the property but also other kinds of transfers such as gift, exchange, lease, mortgage, relinquishment and other transfers.
A conveyance deed is valid only when the property is sold for a valid consideration (usually money) except in the case of a gift deed which results out of love and affection.
It can be signed for either movable or immovable property.
A conveyance deed is executed in accordance with the legal provisions under the Transfer of Property Act 1882, Registration Act 1908 and Indian Stamp Act, 1899.
Essential Elements in a Conveyance Deed
In order to be valid and acceptable in a court, a conveyance deed needs to contain some essential elements. For instance, it must:
* Establish exact boundaries of the property to avoid any dispute relating to land ownership,
* State that all the rights relating to the property have been transferred along with the property,
* Provide details regarding delivery and acceptance of the property,
* State all terms and conditions relating to the transfer,
* Be made on a non-judicial stamp paper and signed by both parties,
* Mention full names, addresses and other requisite details of the seller and the buyer,
* State that the property is free from any disputes and restrictions,
* Be signed by at least two witnesses
* Be in writing and notarized, and
* Be registered through the local registrar’s office by submitting appropriate registration fee. Registration is proof that the property is free from any disputes and has been transferred to the buyer permanently with a clean title.
Once the registration is complete, the buyer becomes the absolute owner of the property and the conveyance process gets over officially. A lawyer and a real estate agent can help two parties compose, sign, and register a deed of conveyance during a transaction. The government obtains its revenue from the stamp duty and registration fees.
Why is it important?
For instance, your uncle gives you a piece of land without any written legal document and verbally states that the property belongs to you. Now, you build a house on that land but unfortunately, your uncle suddenly passes away. His son files a case against you stating that the land belongs to him after the death of his father. Since there is no Will or any legal document by your uncle which proves that you are the owner of that property, the only option left is to move the Court for getting the ownership of the land. But there is a possibility of losing the property as you have no document to prove that it was given to you by your uncle.
Now consider the other situation where you have a proper written legal document signed by you and your uncle which states that you are the absolute owner of the property. This document can be easily produced in any court to prove your ownership and other rights over the property.
Having a conveyance deed saves you from legal battles that can be filed against you and gives you full rights over the property including the right to sell, rent, mortgage and construct upon. It is advisable to sign a conveyance deed not only when you are entering into an agreement with a third party but also with your friends or relatives. A conveyance deed is also helpful in protecting you from fraudulent transfers of property.
What happens if you don't have a Conveyance Deed?
Not signing a conveyance deed can lead you to great trouble. You won't be able to save yourself from legal disputes in the absence of any written legal document which can prove your legal title in the property.
In the absence of the conveyance deed, you may face the following:
* You cannot become the absolute owner of the property;
* You cannot claim a valid title and interest in the property;
* Your property won't be registered in the government records due to which all bills including electricity, tax and other bills will be issued in the name of the original property owner;
* You may have to apply for costly and lengthy deemed conveyance process in case of non-cooperation by the builder;
* You may lose your rights of renovating / reconstructing the property even in circumstances such as natural calamities, without permission of the original owner of the property.
Therefore, it is advisable to sign a conveyance deed if you are planning to transfer your property to another person.
