Ask builder to execute deed of confirmation in your favour
it should be duly stamped and registered
I have purchased flat from Landlord in 2009. i have taken loan and cleared in 2018. Current Bill property tax are on my name. however recently i noticed that in link document this flat share goes to Builder. how to proceed next. k want to sell this flat.
You need to first send legal notice to seller seeking explanation and later take legal recourse for the same
Check your sale deed whether the builder also joined as confirming party in the deed or not.
If not then there may be change in allotment between the landlord and builder.
Considering no protest from builder on this sale for the last 11 years I am sure you are missing which is more than it meets the eye.
Keep silence even if discrepancy is noticed.
Ask the landlord to give a copy of lord - builder agreement. Also, check the allotments with regard to the no of flats to the landlord after the completion of the flat. And check the landlord have the right to sell the flat which you purchased from him.
Or take a loan from a bank by mortgaging the flat, the bank will scrutinize all the documents thoroughly. If they find out the landlord is not an absolute owner of the flat then file a cheating case against the landlord.
You should not be bothered about whose share of property you purchased.
You have a registered title deed on your name and you have already obtained home loan also which confirmed your title to the property.
Now don't create a problem for yourself by this petty issue.
You may not face any problem while selling your property because you are having the registered sale deed on your name.
1. Based on the registered Sale Deed that you executed in 2009, you are legally entitled to Sell your Flat, without any further legal reference or permission from the landlord, who would have received his Flat from the Builder in lieu of the Development Agreement between builder and landlord. You would need to obtain the said Development Agreement.
This flat share goes to builder? What does that mean, by that i want to know whether you mean that this flat has another shareholder ie the builder? How can this happen.
This is a fraud perpetrated by the owner.
In case there is any transection as such and then there is only claim on the property then only your cause of action arise so well before that if there is no case against property you have nothing to do you cannot do anything in anticipation that the property is is being sold by somebody else if you have 100% ownership of the property title.
Dear Sir/Madam,
You are suggested not to worry as the present documents on your name and you may sell the flat.
No need to worry about that because property is already registered on your name and you can sell the flat without any problem.
- Since you had taken home loan from the bank after mortgaging the property document in the bank , it means that the said seller has already transferred the said flat in your name after executing sale deed.
- However, if the said property was purchased from the builder by the said seller , and without informing him , the sale agreement was done , then it will show builders name .
- You can lodge a complaint against the seller for the offence of fraud , cheating and breach of trust .
- If no action taken place, then file a declaration suit before the court.