Regd assignment deed of flat constructed on builder land - role of seller in later registration
Hello
A builder, a seller and a buyer have executed and registered an Assignment Deed for a flat under construction on land that was acquired by builder, transferring total rights in the seller-builder executed Land & Construction agreements from seller to buyer.
Is there any subsequent role of / presence needed by the seller in later registration of the flat done between builder and buyer?
If so, what is basis of the seller’s role, given seller has No Right to either land or construct and deed to that effect is registered?
Thanks
Bhartendu
Asked 2 years ago in Property Law
Religion: Hindu
Thank you Akshit Ji
Please do clarify wrt following quotes statements in your reply:
“The sale deed is the document that actually transfers legal ownership of the flat”
“ The basis of the seller's role is that the seller is still the legal owner of the flat”.
Given no sale deed was executed to transfer legal ownership of the flat to the seller, how is the seller the legal owner of the flat - and hence having any role in a post-assignment registration by the buyer-builder? What if the seller passed away between the years of assignment deed and registration, or is otherwise not available in the country to join for registration? Is the registered assignment deed null/void/meaningless wrt the full assignment of rights?
Asked 2 years ago