• Registration of a flat having 3 names in BBA but want to register against one person

There is a flat in NOIDA which was initially booked by my friend but after a few month before execution of Business Buyer agreement (BBA), he sold it to me (verbally). The BBA was executed with builder in name of my Friend (who initially booked it) my wife and uncle. What procedure to be adopted to get this flat registered in the name of my wife?
Asked 5 years ago in Property Law
Religion: Hindu

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19 Answers

Now you need to execute a tripartite agreement between your wife, friend & builder for the said transaction

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

Your uncle and friend should request builder to execute sale deed in your wife name 

 

2) builder may agree on your executing affidavit to that effect 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

The flat has been booked. Now you should unform the buyer about your intentions and a transfer deed will be prepared and the property transferred to your name. His name will be deleted. The property hasn't been registered yet.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. It sappers only a ale agreement is made.

2. Now since your friend is relinquishing his interest in the property first make a deed of assignment with him which need not be registered.

3. Thereafter in the sale deed he needs to sign as as confirming party at the time of its registration.

Devajyoti Barman
Advocate, Kolkata
23670 Answers
538 Consultations

Approach the builder that your friend and uncle want sale deed to be executed in your wife name only 

 

he would take care of all the formalities required for the same 

 

tripartite agreement has to be registered 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

This agreement will be given to the registrar cooperative Societies office 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. You need to get NOC from friend and uncle a new agreement may be registered between builder and wife and your friend and uncle may confirm same and also builder may execute sale deed in favor of your wife.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. You may engage an advocate to draft same for you and get it registered. Presence of builder and friend and uncle shall be required before sub registrar office.

Validity of agreement is mentioned in agreement itself.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. You may engage an advocate to draft same for you and get it registered. Presence of builder and friend and uncle shall be required before sub registrar office.

Validity of agreement is mentioned in agreement itself.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

There is no validity period for such an agreement. A tripartite agreement should be prepared. No registration charges have to paid. The stamp duty charges have to be paid at the time of registration.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

- Since, your friend has booked the flat , and further he transfers the right of the same in your name with an agreement ,but not through the builder , hence presently the power of the transferring the said flat is with the builder and not with your friend or you. 

- Hence, if the sale agreement was  registered in your friends name , then builder can cancel the same legally, and can further issue allotment letter and sale deed in your wife name , after taking NOC from you and your friend . 

- Otherwise, you can enter into an tripartite agreement with the builder under the mentioned circumstances. 

- Contact with the builder for entering into tripartite agreement. 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

1. A Sale Deed has to be duly executed & registered, wherein the Builder, Friend and Uncle will mutually sign as "Consenting & Confirming parties", and Wife will be the Purchaser party alone and further mentioning the history of transactions etc....

2. There is no legal need for any other tripartite or any other documents or waiting time.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Stamp paper value depends on your circle rate and area. It had to be drafted through a lawyer and signed by all of you. No validity you need this agreement for further transaction and to proceed

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

Cancel BBA and execute fresh BbA in your name. Sale deed will execute by builder only.

Or tripartite agreement.

Get it notorise, no need to register. Valid till sale deed will execute.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

You can enter into an agreement with the builder for executing the registered sale deed on your wife's name alone by obtaining NOC from other two buyers in this regard.

The other two buyers can withdraw by relinquishing their rights in the property after they have received back their booking amount.

You can discuss with the builder and proceed as per his advise.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Since there are three buyers and a builder along, then it would not be a tripartite agreement, it would be an agreement among all the four about it.

It need not be registered provided the agreement for sale was  not done by a registered deed. 

The builder can register the property on the name of the desired person on the basis of the agreement in his possession directly.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

There will be a formal written requisition by your friend and uncle to register the sale deed in your wife's name.

One of the terms of the BBA will clearly states that, the registration to be done in the name of vendee or in the name of his chosen person etc.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

No proforma / format / template will be shared on this Platform.

However, it is procedural part, which will be taken care by the Builder, you need not involve in the same. 

It is the regular activity of the Builder, he will take care of the same.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

1. For registering the flat only on name of your wife your uncle and friend should give affidavit for giving up their respective shares from flat in favour of your wife. 

2. They can also execute a fresh triparty agreement with builder stating that they want the registration of flat to be done in favour of your wife. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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