Hello I am an NRI My Father made me Invest in Purchasing a Flat in GHMC back in 2018 seems like this is on the 4th Floor Non-Regularized and doesn't qualify for the registry at this point. I heard that from time to time GHMC lets the regularization of such construction and after regularization, I could register the Flat in my name. Right now the Sales Agreement is my name but I am afraid that when my Flat qualifies for the Registry after Regularization while I am away abroad, my Father might use his influence with Builder to have it registered in his name even though the sales agreement is my name is that possible? I directly contacted the builder multiple times and warned him that the Sales agreement is my name and I paid for that Flat, he shouldn't register that in my Fathers name Even if he tries to make such a request. What are my options to make sure Builder doesn't register that in my Fathers name even if he makes any such request? I heard sales agreements are only valid for 3 years is that true? do I need to do a new sales agreement if my Flat doesn't qualify for registry even after the next 3 years? The builder has offered to do Notary on my name I didn't understand what exactly he meant by saying that. Is Notary a Sale Deed without Registry as my Flay doesn't qualify for the registry? Thanks for your inputs/help in Advance!
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If agreement for sale is in your name sake deed cannot be registered in father name without your consent
2) notarised sale deed does not confer title to property
3) registered sale deed is mandatory
4) you don’t need new sales agreement after 3 years
The sale agreement is also done by an unregistered document, hence any manipulation can be done by you father in connivance with the builder.
Therefore you may issue a letter to the builder to not to entertain any such claim from your father in future in this regard failing which can hold him responsible for legal consequences for breach of contract, breach of trust, cheating and other related criminal offences.
You can get the letter drafted through an advocate to make it more effective and strong so that the builder will not dare to be in hand in gloves with your father in this deceitful act against you.
You are right that the agreement for sale is valid and effective only for three years, hence you can get the agreement renewed at the end of the third year which will have fresh lease of another three years from the date of renewal.
For the purpose of having a sale deed on your name, you can get a unregistered sale agreement duly notarised along with the possession of the property and make sure that there is a recital mentioning that the builder shall execute the registered sale deed in your favor when the GHMC is regularizing the construction of this unauthorised house/flat constructed on the fourth floor.
This deed and the possession of property may come to your rescue at the time actual registration if the builder is refusing to do it at that time.
If you have paid the consideration and agreement is with you then he can't change the same in dads name without courts order in any manner
- You can register the sale agreement in your name , if you have already paid 10% of the consideration amount.
- Further, if the agreement will be registered in your name , then the builder cannot transfer the said property to anyone without getting your consent and approval legally.
- Further, you must have the proof of the fund payment to the said builder
- Yes, an agreement limitation period is only 3 years from the date of execution , and hence if the period is going to elapsed then you can request the builder to re-enter into an agreement.
- However, if the possession not given to you within or beyond the 3 years period then also you have right to claim refund and the property in your name , and this agreement will not loose its validity.
