• Regarding agreement with builder

I purchased flat ready possession and purchased against sale deed (Abhihastranpatra) and in my building there is 6 total flat other 4 Member purchased flat from starting of constriction so builder did apartment deed for the same so may i know ,,can i need to do deed of aprtment for my flat,

Please suggest
Asked 5 years ago in Property Law
Religion: Hindu

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23 Answers

On resale of flat seller would execute deed of apartment in your favour 

 

the case of subsequent Deeds of Apartment, the party of the first part shall be the apartment owner and the party of the second part shall be his transferee

Ajay Sethi
Advocate, Mumbai
100052 Answers
8169 Consultations

Act as mentioned herein above . Ask seller to execute deed of apartment in your favour 

Ajay Sethi
Advocate, Mumbai
100052 Answers
8169 Consultations

Ask builder to execute deed of apartment in your favour 

Ajay Sethi
Advocate, Mumbai
100052 Answers
8169 Consultations

1. IF immovable property is purchased via a duly Stamp Duty paid and Registered Sale Deed executed before the taluka Registrar of Sub-Assurances, THEN such Sale Deed is legally final & irrefutable for all futuristic legal purposes like Sale /Gift /Transfer /Donate /Mortgage /Whatever ....  AND there is no legal need to execute any further document, whatsoever.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You need to prepare sale deed for registration with sub-registrar office.

You have to annexe copy of first agreement ,between Builder and first purchaser , to you sale deed.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

The Apartment deed is for Building or group of Building, its alternative for Co-operative housing society. So your flat sale deed it automatically comes under Apartment Association as per the Act. Now kindly take share certificate from builder and as to given conveyance deed in the favor for Apartment Association. 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Yes you need to do the deed for your flat.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. I am not sure what do you mean by other flat owners deed. If the sale deed by which you purchased the flat from the owner of same was duly registered then nothing more is required to be done. 

2. In other words if your seller had valid and clear title to sell the flat then you need not do anything extra. 

3. In case of continuing doubts show the papers to an advocate. 

Devajyoti Barman
Advocate, Kolkata
23663 Answers
538 Consultations

- Apartment Deed is a Deed or agreement between the builder and the owner of the land .

- Since you have purchased the said flat from the builder , then at the time of registering the flat in your name from the office of the registrar , the builder has to submit the apartment deed as well, and a copy of the same may be given the purchaser. 

- Hence , if the said builder has sold the flat to all the owners of your apartment , it means that he having the right to transfer the ownership of respective flats to purchaser. 

- Further , if your sale deed was executed from the office of the Registrar , then you are legal owner of the flat , and apartment deed is not mandatory . 

Mohammed Shahzad
Advocate, Delhi
15875 Answers
243 Consultations

No, only sale deed. And it may be agreement to sell cum deed of apartment which is not required for ready to sale flat.

Deed of apartment is not necessary document and your ownership is intact after executing registered sale deed.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

apartment deed is a 'Sale Deed. of an Apartment.The deed will give you a Clear & Marketable Title to the property in respect of apartment ownership, the legal title of the flat along with a proportionate share in the common areas of the building and also proportionate share in the land on which the building stands, vests in the apartment owner. 

 

 

Mohammed Mujeeb
Advocate, Hyderabad
19384 Answers
32 Consultations

yes you can ask him to execute deed of apartment. 

Mohammed Mujeeb
Advocate, Hyderabad
19384 Answers
32 Consultations

Call us through the website for further assistance.

Mohammed Mujeeb
Advocate, Hyderabad
19384 Answers
32 Consultations

DEAR SIR/MADAM,

It is suggested to get the registration done for the said flat in your interest and avoidance of any problem in future. 

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

It is necessary to have a sale deed to complete the transaction like others you have to speak to the builder to enter the sale deed and get it registered with the registration authority after payment of required stamp duty according to the value of the property as applicable in this state

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

If you have sale deed again apartment deed is not necessary. Just the sale deed should be from the legitimate title holder

Prashant Nayak
Advocate, Mumbai
34722 Answers
250 Consultations

Once a Sale Deed for the apartment and the proportionate undivided share in land has been registered in your name, subject to the devolution of title being in order, you become the absolute owner of the property conveyed. 

There is no need to execute a Deed of Conveyance in favour of the Owners' Association.

 

T Kalaiselvan
Advocate, Vellore
90253 Answers
2509 Consultations

property deed is a legal document that transfers the ownership of real estate from a seller to a buyer. For a deed to be legal it must state the name of the buyer and the seller, describe the property that is being transferred, and include the signature of the party that is transferring the property.

T Kalaiselvan
Advocate, Vellore
90253 Answers
2509 Consultations

You do not have to require a conveyance deed  or deed of apartment when you have a registered title deed.

'Conveyance' refers to the act of transferring the title, ownership, rights and interests in a property, from one entity to another. The term 'deed' refers to an instrument, like a written document that is signed by all the parties to a contract, in this case, the seller and buyer.

 

T Kalaiselvan
Advocate, Vellore
90253 Answers
2509 Consultations

The builder should be responsible for completing all the formalities. He should be contacted.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes you may do so.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Ask the builder to do the formalities.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

No you don't have to execute apartment deed for your flat if you have already execute sales deed. 

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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