• Sale Deed vs Apartment Deed

Dear Lawyer, 
I have purchased a resale flat recently in a building consisting of 6 flats only. I have executed a sale deed for that flat with the previous owner [ Lets call him A ] . Builder had already executed deed of declaration to which A joined as grantor. 
Somebody told me that I should have executed Apartment deed and not sale deed. 
My sale deed clearly says that it is a sale deed for the flat along with undivided right , title , interest in the said apartment condominium. How an apartment deed is different than a sale deed ? cause when I check , the underlying property along with undivided share in the apartment has already been conveyed. Also Apartment deed / Transfer deed / assignment deed or Conveyance deed - all actually do the same thing of transferring title of the property. 
What needs to be done now? if at all required to be done ?
Asked 4 years ago in Property Law
Religion: Hindu

7 answers received in 1 day.

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10 Answers

No, you're correct what you have read it. It only needs to transfer the ownership means title of ownership from one person to another by paying stamp and registration charges.

 

Second part its come that whether that building has obtained CHS or Apartment rule that need to follow accordingly by new owner.

 

Now you have to check whether seller name is appearing in the Apartment Declaration FORM and has certificate of it.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

There is nothing like apartment deed. Only through sale deed, purchase and transfer of ownership is valid.

And you automatically owns 1/6th portion of land.

Yogendra Singh Rajawat
Advocate, Jaipur
22633 Answers
31 Consultations

4.4 on 5.0

Yes all are the same it depends the averments you want in the same

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

- A Sale deed is made for sale/purchase of land or any premises constructed on land. This is the most important document required for purchasing any property as per law.

- Apartment Deed is  a Deed or agreement enetered into for sale/purchase of apartment. This Deed was prepared between Builder and the owner of the land before purchasing the said land.

- Since, you have already executed Sale Deed in your favour from the last owner ,hence, Flats in the apartment and the proportionate undivided share in land has been registered in your name, and accordingly you become the absolute owner of the property.

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
13219 Answers
198 Consultations

5.0 on 5.0

apartment deed is a 'Sale Deed. of an Apartment. The deed will give you a Clear & Marketable Title to the property. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

See the deed executed by you perfect there is in particular no such deed as apartment deed , a sale deed for apartment along with undivided rights.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You need not do any thing right now.

The sale deed executed by you is proper document. 

There is no nomenclature as "Apartment Deed"

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

There is no such deed as apartment deed 

Or you can say that it is same as sales deed just the name is different as mentioned by you in your question.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

TITLE OF THE DOCUMENT DOES NOT MATTER

WHAT MATTERS IS THE CONTENT

YOUR SELLER WAS A MEMBER OF THE CONDOMINIUM AND BY THE SALE DEED HE TRANSFERRED HIS RIGHT IN THE APARTMENT ALONGWITH UNDIVIDED SHARE IN THE LAND TO YOU

SO THAT IS AS GOOD AS A DEED OF APARTMENT

EVEN THE STAMP DUTY ON THE SALE DEED WOULD HAVE BEEN PAID CONSIDERING COST OF APARTMENT AND UNDIVIDED SHARE IN LAND

Yusuf Rampurawala
Advocate, Mumbai
7510 Answers
79 Consultations

5.0 on 5.0

You need not be worried on this count.

The apartment was purchased by you by getting a registered sale deed executed in your favor.

Therefore you need not be worried about different rumours spread by different people who may not be knowing the technical details.

In law, conveyance is the transfer of legal title of property from one person to another. However, that is also exactly what a Sale Deed does. The main difference is that the Sale Deed transfers the legal title of property from one person to another in case of a sale. Whereas, a Conveyance Deed can transfer the legal title of property from one person to another in case of a gift, an exchange, a lease (i.e. on a temporary basis), mortgage or other circumstances.

 

T Kalaiselvan
Advocate, Vellore
84913 Answers
2195 Consultations

5.0 on 5.0

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