You need consent of builder to sell your under construction property 

2) builder would grant his consent subject to you paying transfer charges 

3) I presume that no dues are pending to the builder 

4) then enter into agreement for sale with buyer 

5) it can be on Rs 500 stamp paper or so 

6) generally in such case’s tripartite agreement is entered into between seller buyer and builder acts as confirming party 

1. It is a matter of proper drafting of agreement safeguarding rights of both the parties.
2. An unregistered is usually signed on stamp paper of value of 100 rupees.
3. You can get the agreement registered, stamp duty paid on registration of agreement will be deducted at the time of final registration.
4. Advance should be paid by cheque or through bank.
5. Ascertain if the project is RERA registered, in that case you need to execute the agreement in format provided under RERA Rules.

do it at your own risk

because even if you get the possession of the flat and the agreement for sale remains unregistered [with the title vesting with the builder] then this transaction will be hit by the Benami transaction prohibition act which has very serious legal consequences if found guilty 

1. The legal process to sign 

Ask seller to obtain builder NOC for sale of under construction property 

2) also no dues certificate from builder 

It is very clear from your question that your are a purchaser. 

1.  Before signing the unregistered agreement of sale, please ensure that everything mentioned there is correct, such as details of the parties, consideration amount, time for completion, modes of payment, breach of contract, penalty clause, etc.

2.  In Karnataka, the stamp duty for agreement of sale is 0.1% of the sale consideration. In Delhi, it may be different.

3.  Please ensure that consideration amount, time, breach of contract, penalty clause, etc., are mentioned in the agreement of sale.

What is the reason behind not registering the agreement for sale?

in absence of a registered agreement, the builder may create third party rights

also no one knows when the builder will register the final sale deed in your favour of what if he refuses to register the sale deed

in that case your stamp duty liability will keep on increasing until the sale deed is registered

if you have to file a suit to compel the builder to register the sale deed, then that suit will be based on your unregistered agreement for sale which will be impounded by the Court and sent to the collector of stamp for paying the deficit duty with penalty

why you want to invite all these things?

remember the more you delay the registration of the sale deed the more will be your stamp duty outgo 

and every year the market value of properties are increased by the state governments and so the stamp duty also goes up

1. The unregistered sale agreement is not legally valid in the eyes of law hence it cannot be enforced in case of any dispute in future in this connection..

2. This can be typed in a 100 Rs. non judicial stamp paper also since it is going to be an unregistered deed hence it may not attract the stamp duty as required by the registration department.

3. It depends on the circumstances prevailing at your end

Your question is about the legal validity of the unregistered sale agreement.

The agreement entered between the buyer and the seller by an unregistered deed cannot be enforced in court of law in case of any dispute in this regard in future. 

Dear Client,

Sale Agreement, which is not registered, is enforceable in Law, and all stamp shortage charges can be paid through the order of the court.

Such agreements stay valid for 3 years from the execution date. If there is a negative clause in the agreement, for example, it’s specified in the agreement that the buyer is required to get the property registered within 3 months, then the limitation period will be extended by that particular period.

According to the current legal scenario, an unregistered document that is required to be registered has serious consequences because the party seeking its enforcement won’t be able to depend upon the document for proving its contents. This process might not allow the party to enforce their contract.

However, under Section 54, such an unregistered sale deed, although valid under the Registration Act, will not be able to confer the title on the purchaser.

Thank You.

Execute a registered agreement for sale as same is mandatory under Indian registration Act

Stamp duty for unregistered agreement is not fixed as it can be done in 100 rs too

1. You should mention all the conditions in the sale agreement like , the date of delivery of possession , and the compensation for the delay etc.

2. You can register the said agreement before the office of Registrar after paying the stamp duty 

- However, if you dont want to register the same , then it must be on the value of Rs.100/- stamp paper