Absence of sale deed for Flat
I am in process of byuing a flat in Pune.The present owner has given following documents to me except "Sale deed" as he does not have sale deed from the first owner:
1. No due certificate from Bank for loan taken by him.
2. Agreement of assignment between first owner and present owner
3. NOC of Co-op Housing society.
4. Society shares certificate duly transffered in present owner name.
5. Token agreement between present owner and first owner.
6. Title reprt of advocate
7. Electricity bill in the name of present owner
8. Registration certificate of Hsg. society.
9. Pune mun. corpn. property tax bill and latest tax receipt in the name ofpresent owner.
10. Index copy II and stamped receipt of present owner.
11. Index copy II and stamped receipt of First owner.
12. Approved housing plan of society.
13. Pune mun. corpn. possession clearance certificat.
14. Posession letter from in the name of present owner from first owner stating that they have received entire consideration as per agreement.
15. Final payment receipt from first owner
16. Consent letter under by laws of Hsg. society from first owner to present owner.
Sir, my question is:
- Can I purchase the flats without execution of "sale deed" from first owner to present owner.
- What are the remedy/ precaution have to be taken by me as a buyer with option of future sell of flats which I am going to purchase.
N G Vyas
Asked in Property Law from Surat, Gujarat
As a matter of fact you have collected almost all the vital documents except for the most essential document.
The sale deed duly executed by the previous owner to the present owner (i.e., your vendor) and also the registered sale deed document in the name of the original owner executed by the builder or the original owner whatever the circumstances may be at that time.
Without a sale deed on his name how will the vendor execute a sale ded on your name and without a sale deed on your name how will you be able to dispose the property in future i.e, for even making a gift deed or settlement deed or for pledging the property as collateral security for a loan, you need to have a title document in your name. If your vendor executes a registered sale deed on your name, he should have a valid and marketable title to the property vide a registered sale deed on his name.
Therefore realise the importance of the sale deed and decide wisely on all such further issues.
1) the first owner must have purchased property from the builder
2)builder must have executed sale deed in favour of first owner
3) you need All the original chain of documents from the builder till present owner
4) don't purchase the flat unless your advocate gives written opinion that title is clear and marketable
The Flat is in Cooperative housing Society and Present owner who now intent to sell, bought flat from first owner an individual.The first owner bought from builder. The present owner given me documents as detailed earlier.However he has not made "Sale deed" while purchasing from first owner.
my advocate verbally says technically "sale Deed" is required. But can process further giving public notice in news paper as seller has all other documents including registered "Agreement of Sale".However opinion of other Advocate differ and it is -that sale deed is must as per judgement of court from time to time.
Asked 1 year ago
Agreement for sale is a agreement between parties that on such and such terms the sale to take place. Terms and conditions could be agreed and sale to be completed on agreed future date with payment.
Sale Deed is a document executed at the time of finalising the sale deal. when entier aount is paid and property is conveyed sale deed is executed.
sale deed would be required
if there is registered agreement duly stamped and registered between the previous owners and from the builder you can proceed with the deal
Being a buyer you should take due diligence before purchasing the property.It is advisable not to buy a property which does not have a sale agreement/ sale deed. You cannot blame anyone else once you realise that the property has been fraudulently sold to you. so it is better to safe guard the legal aspect to ensure a clear title. of the property.
If the registered agreement of sale is there that is a document showing title. For a flat it is not necessary there is a sale deed. In Maharashtra most places sale agreement is the final proper document between the seller and the purchaser.
a duly registered sale agreement is needed if there was not other deed of gift /release deed between the first and present owner.
Deed of assignment is not a document gives you title and right to transfer.
You will have to execute a sale agreement by paying the stamp duty and registration charges as per the market rate if you are moving ahead with the deal and get all the chain documents in original..
Registered sale agreement cannot confer title of the property to claim its ownership. Registered sale deed alone can be held as a legally valid document to prove marketable title to the owner of the property. Your vendor somehow wants to get rid of this mess so he is hurrying you to purchase the property without sale deed, whereas the essence is that a property bought with a sale deed is equal to not to have been bought and your claim to the title cannot be admissible in the eyes of law.
Think properly and take a wise decision judiciously.
1. The title to a property flows from the sale deed alone. None of the documents, which he has given to you, can prove her title.
2. Do not buy the property as you will not get the title.