✅ YES — You Can Sell on "As Is Where Is" Basis, But Follow These Legal Steps:

1. Indemnity Bond from Buyer: The buyer must give a properly stamped Indemnity Bond, stating:

He is aware of the incomplete status of the building.

He takes full responsibility for any future payments, construction dues, penalties, or demands raised by any builder or authority.

He will not hold you liable for any future obligations.

2. Mention it Clearly in the Sale Deed:

Include a clause in the registered sale deed that:

The sale is on "as is where is" basis.

The buyer is purchasing with full knowledge of ongoing litigation/disputes.

All future claims or demands will be his responsibility.

3. Attach RERA Order + NOC from Society:

These documents help establish that the possession was granted legally, and your dues are cleared.

4. Public Notice (Optional but Advisable):

You may publish a public notice in newspaper before sale, inviting objections, to further secure your title.

⚠️ Can Builder Still Demand from You?

Technically, if builder raises a fresh demand in your name, you may be contacted.

But with a clear indemnity + sale deed clause, you can legally shift the liability to the buyer.

In rare cases, the buyer may fail to act — so keep documented proof that buyer was fully aware and agreed to all conditions.

🔒 Final Tip:

Get the sale deed and indemnity vetted by a property lawyer. Do not rely only on oral promises or informal drafts.

Once done right, you are legally safe.

Yes, you can structure the sale agreement in such a way that the buyer assumes all future liabilities, and include an indemnity clause to protect yourself. However, there are still potential risks, especially if the builder legally challenges the sale or if the agreement doesn’t fully shield you from future liabilities.

What’s Working in Your Favor:

• RERA verdict in favor of handing over ready flats.

• You have possession letter and share certificate.

• Society is giving NOC and No Dues Certificate.

• The buyer is aware of the situation and willing to accept it "as is where is".

• Buyer is ready to sign an indemnity bond and take on future liabilities.

Legal Measures You Must Take

To minimize your risk:

1. Sale Agreement Clauses

The sale deed/agreement to sell must clearly state:

• The "as is where is" condition of the flat.

• The buyer is aware of the incomplete nature of the building and dispute among builders.

• Buyer will bear all future costs/demands, including:

  • Development charges.

  • Additional construction charges.

  • Penalties (if any) from builders.

• Seller is not liable for any such future demands or litigation.

2. Indemnity Bond

The indemnity bond should:

• Be notarized and ideally registered.

• Clearly state that the buyer indemnifies you against:

  • Any future financial claim.

  • Any litigation or demand from any of the builders or authorities.

• Include a clause that if any authority or builder raises a demand, the buyer will solely be responsible for settling it, without any recourse to you.

3. Public Notice (optional but safe)

• You can publish a public notice in two newspapers (English + local language) announcing your intent to sell this flat.

• Mention that any objections must be raised within 15 days.

• This further reduces your risk by publicly disclosing the sale and giving time for claims.

Risks That Still Exist

Despite the above precautions, some residual risks may remain:

• If the builder(s) file a legal case against allottees for unpaid dues, you may still be named in the suit, and need to defend yourself (though you can recover from the buyer via indemnity).

• In case of incomplete registration of the builder or project, or absence of final Occupancy Certificate (OC), some legal complications can arise later.

• If RERA or court later declares part of the construction illegal, ownership rights may be challenged.

To Protect Yourself

1. Hire a property lawyer to:

   • Draft the sale agreement carefully.

   • Draft and register the indemnity bond.

2. Collect all relevant documents:

   • Booking documents, receipts, correspondence, RERA order, possession letter, share certificate, society NOC & no dues.

3. Register the sale agreement officially with sub-registrar's office.

But yes, you can legally transfer the future liability to the buyer through a well-drafted agreement and indemnity bond. However, while these steps offer strong protection, absolute protection isn’t possible in cases with builder disputes and incomplete projects.

If you’d like help drafting sample clauses or need more precedents, I’d be glad to assist.

you can sell under construction flat on as is where is basis 

2) tripartite agreement has to be executed between seller buyer and builder 

3) buyer should undertake to pay balance amount 

If there is no injunction order from rera prohibiting you then you can do the needful 

you are always at liberty to sell under construction flat 

you dont need RERA order 

i presume there is no stay order passed restraining sale of flats 

An agreement in the terms of the assurances given by the buyer can be drafted by entering into n agreement with the buyer to sell the property on as is where is basis.

But you may have to confirm if the registered sale deed was executed in your favor by the builder or not?, if not then how could you get the share certificate from the society even before getting the registered sale deed on your name.

Please note that the possession letter is not the title document, hence you may have to depend on the builder to execute a registered sale deed on your name only after you can sell the property in favor of the prospective buyer.

The important document namely the registered sale deed on your name is missing hence better you try to get the sale deed executed in your favor by the builder so that you can in turn sell the property by executing a registered sale deed in favor of the buyer.

Yes you can proceed to sell your flat on as is where is and whatever is there basis 

The buyer will step in your shoes and would be liable for any future demands if made by the builder 

However that appears to be slim since the claim to recover the balance money would be time barred 

Dear Sir,

Even though you did not got to rera, you may find the orders from website of RERA that suits your purpose. You will be able to use for your purpose as well. 

Yes, you can absolutely proceed with the sale without the RERA order, since:

✅ What You Have is Sufficient:

Possession Letter

No Dues Certificate

Share Certificate

Society NOC

These documents establish your possession, clear dues, and ownership rights — which are sufficient for executing a sale, especially with a willing buyer.

🧾 RERA Order Not Mandatory for Your Sale:

Since you did not file before RERA, you're not required to attach the RERA order to your sale agreement. The buyer is already aware of the risks and is ready to accept the flat on “As Is Where Is” basis with an indemnity bond.

📌 Proceed With:

Registered sale deed with clear clauses (including buyer’s acceptance of future liabilities)

Indemnity bond from buyer

Mention flat handed over as per society’s NOC & possession letter

Attach all available documents

You're legally safe if paperwork is drafted properly. 

While you may not have your own RERA order, the validity and safety of your agreement largely depend on whether the project itself is RERA compliant and if the builder has fulfilled all their legal obligations, especially those stemming from any RERA orders obtained by other society members. The documents you possess are good, but a comprehensive legal review by an expert is essential to mitigate potential risks.

You can legally proceed with the sale of your flat on an "as is where is" basis. Since you have a possession letter, society share certificate, no dues certificate, and a no objection certificate (NOC) from the society, your title and possession are reasonably secure for the purposes of a valid sale.

You are not required to possess or file the RERA order yourself, as the benefit of such an order—directing handover of ready flats—has already been extended to society members at large, and you have been handed over possession. Even though you did not approach RERA personally, you have received the benefit of the possession and are not claiming any relief or refund against the builder. Therefore, the absence of a personal RERA order does not affect your right to sell.

The buyer has agreed to purchase the flat with full awareness of the pending construction, builder disputes, and future risks. He is ready to take responsibility for any future builder demands. He has also agreed to include this understanding in the sale agreement and execute a separate indemnity bond in your favor. This provides you legal protection against future claims.

To safeguard your interests, ensure that the sale agreement clearly records the buyer’s undertaking to accept the flat in its present condition and to discharge any future builder liabilities. The indemnity bond must unequivocally state that the buyer shall be liable for any demands or claims made by the builder, authorities, or any third parties after the sale. You must also register the sale deed and ensure all related documents, such as the indemnity bond and possession documents, are properly annexed and notarized.

In conclusion, you are legally entitled to sell the flat under the terms discussed. Once the buyer assumes all future liabilities in writing and the sale is executed and registered properly, your exposure to risk is minimal. However, it is advisable to have the documentation drafted and reviewed by a legal professional to ensure enforceability and clarity.

Yes, you can sell on as is where is basis with the buyer assuming full future liability.
However, to protect yourself:
Execute a strongly worded Sale Deed with indemnity and liability clauses.

Take a registered Indemnity Bond.

Issue a formal notice to builder(s).

Retain Society’s NOC & No Dues.

Complete transparency in sale documents will reduce your practical risk, even though a theoretical risk of builder pursuing you remains.

Pls connect for further help 😊