• Selling property in Pune without PMC certificate and sale deed

Hi .. i have a flat in pune which is in wakad area. Bought this on loan from hdfc bank in 2012 mid. Got possession in sept 2012 and stayed in that apartment till 2014 end. Have posession letter, agreement to sale which is registered in havali 17 office of pune with e stamp and other signs of sub registrar. But no PMC certificate of building nor sale deed. Cant pay property tax since dont know peth id and other details. Now i want to sell the flat. But without these documents can i sell the flat and buyer can get it registered with sale deed?
Society is registered with 32 flat members
 Its a small society and builder is also a local person.
Asked 1 year ago in Property Law from Pune, Maharashtra
Religion: Christian
1) do you have building completion certificate or occupation certificate from PMC ?

2) you can file complaint before consumer forum for deficiency of service and seek orders to direct builder to obtain OC and execute sale deed in your favour 

3) property tax bill would be in name of society and you have to pay maintenance to society including your property tax bill 

4) you can file RTI application to obtain copy of assessment order in respect of  flats in society 

5) you can also issue legal notice to builder to execute sale deed in your favour 

Ajay Sethi
Advocate, Mumbai
23211 Answers
1218 Consultations
5.0 on 5.0
1) what are clauses in agreement for sale? It is necessary to peruse said agreement to advice . It is not the nomenclature but contents of agreement that are important 

2) unless occupation certificate is issued by PMC builder cannot deliver possession to purchaser 

3) any purchaser would demand copy of occupation / building completion certificate before entering into agreement for purchase of flat with you 

4) at time of registration of agreement for sale of flat  occupation certificate has to be enclosed to agreement 

5) you can seek to sell your flat but you may not get market rate of your flat 
Ajay Sethi
Advocate, Mumbai
23211 Answers
1218 Consultations
5.0 on 5.0
With the sale agreement you cannot sell the property to another purchaser, you have to get the sale deed in your name first and then only you will have marketable title to sell the property. 
Once you become the proper owner of the property, you can apply for shares on your name in the society after which you can transfer the shares through the society to the purchaser.  Once you get the sale deed on your name you can get the PMC certificate through your society (if it is a registered body).
Your builder who knows the procedure to obtain PMC certificate for tax purpose, should be approached to procure the same at your cost. 
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0
1. Without a sale or conveyance deed you cannot assert ownership to the property. A possession letter is waste paper in the absence of the title deed to the property. 

2. The sale is impossible without the title deed as no prudent buyer will buy it.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. If you purchased the flat from the builder then it is the duty of the builder to register the sale deed in your favour. You can sue him to seek judicial directions from a court of law to him to register the sale deed in your favour. 

2. As I said earlier, you cannot sell the property merely on the basis of possession certificate. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. The builder has to register the sale deed in your favour before you can claim the ownership to the property. You cannot sell a property which is not owned by you. 

2. If you sell the flat you will have to make the sale deed in favour of the buyer, which you can legally do only if you have a sale deed registered in your favour. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0

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