If you have possession and sale deed, undivided share on your name so need to worry about it.
Get the Index II of the flat which is on your name.
I bought a flat in perambur and allotment letter given by builder is not there but undivided share registered in my name. But I have written a letter to builder to postpone 1st instalment by 10 days as I have given papers for lawyer to tell whether I can purchase. Also two receipts amount inf to Rs.85000 paid on the basis of allotment letter .one being it is mentioned 30% of amoun(rs.75000)t to be paid as per allotment letter and I paid this only after ten days. In the referred letter to builder has signed using company's round stamp and the same person has signed the sale deed with as per power attorney. The last payment around Rs 3 lakhs paid after registration of sale deed for undivided share Will the above mentioned enough to effect sale deed. If not possible how to get allotment letter as the company who built the flats is since closed
Flat bought in 1995
If you have possession and sale deed, undivided share on your name so need to worry about it.
Get the Index II of the flat which is on your name.
If sale deed has been executed on basis of POA you would be absolute owner of property
2) the consideration paid by you would be mentioned in sale deed
It should be enough to effect the sale deed but if still not feasible you need to approach the court for appropriate directions
Greetings!!
Once the plot is registered in your name and legal formalities is completed then you dont have to worry on allotment letter as the allotment letter is the initial proceedings proceded by the builder to the customer ; if the letter is lost you dont have to worry after registration of sale deed your the absolute owner for the said plot..
See since 1995 if undivided share is there and property tax bill is in your name you can make a sale deed based on same along with the share certificate.
Allotment letter can be substituted by agreement to sell. Just cross verify, chain of documents and clear title.
1. IF you have executed a duly Stamp Duty paid and Registered "Sale Deed", THEN it is a final Title-Ownership conveyance document and there is nothing further needed atleast legally.
2. Maintain & Preserve the payment details, Bank certificate of the payments, records of the property as maybe given by Tahsildar /Municipal authorities.
- An allotement letter is issued by the Builder to the buyer , when the property is under-construction , and it is a proof of payment , till the registeration of sale deed of the said property in the name of buyer.
- Hence, for the registeraton purposes , there is no requirement for Allotment Letter as per law , if the payment already acceptable by the seller/builder.
- Once the property will be registered before the Registrar , you will become the absolute owner of the same.
You catch hold of the builder and get the allotment letter which is a very vital document for purchase of the flat.
What is your advocate's opinion about this?
Is he recommending to buy the property without the allotment letter?
If so, then it is a wrong advise.
The allotment letter is one among the vital documents that the builder has to provide while selling the flat.
You may issue a letter to the builder in this regard.
You can take legal action against the builder if he is not cooperating on this after receiving the entire sale consideration amount.