• Agreement of sale and registration

Hi i had purchased a flat in hyderabad and completed the registration,now when i went to take the posession the builder says that he has not received the full payment so he will not give the posession of the property i do understand that he doesn't have any kind of right as he has already sold the property and he cant claim it now , but the problem is that he has taken signatures on empty stamp papers from the person whom i had bought the flat, and moreover he has created a agreement of sale at an early date from my agreement sale date, now is this agreement of sale is valid will i lose my property
Asked 11 months ago in Property Law from Hyderabad, Telangana
Religion: Christian
1) if no society is formed builder would demand transfer charges 

2) did you not obtain NOC from builder before purchase of flat ?

3) the builder should have given you no due certificate and then only you should have purchased the flat 

4)you can obtain in writing from builder what are the balance dues payable .

5) contact the seller and ask him to clear the dues as per indemnity clause in your sale deed 

6) if seller refuses to pay then you pay the dues to builder take possession of the flat and sue the seller to recover money paid by you 
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
Hi, you can file a suit for bare injunction against the builder restrain him from interfering him from peace full possession and enjoyment of the property.

2. You become the absolute owner of the property if the builder has not received the amount then he has to go for your vendor and demand money  from money from him and he has no right to obstruct your possession of the property.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. Have you completed the Registration of sale deed executed by the last owner of the flat?

2. Was sale deed executed in favour of the earlier owner registered? Have you received the original link deed of the flat?

3. If so, then you are the bonafied owner of the flat despite the fact that the builder has blank stamp paper signed by the earlier owner of the flat,

4. Agreement for sales is followed by sale deed and all sale deed need not have agreement for sale signed beforehand

5. In the given circumstances you have a valid ownership of the flat.
Krishna Kishore Ganguly
Advocate, Kolkata
12074 Answers
228 Consultations
5.0 on 5.0
If the builder is not allowing you to the possession of the property you may ask the vendor to hand over possession of the property sold to you or you can lodge a complaint with the police against your vendor, let him answer the law at police station.
The builder may have one thousand reasons with the vendor, it will not impact your purchase, you have a valid sale deed document in your name, so it becomes the duty of your vendor to hand onver possession of the property sold to you and whatever scores he has with the builder has to be taken care by him separately other wise he can be booked for cheating offences.
Besides that you can file a civil suit for enforcing the sale agreement.
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
5.0 on 5.0
Is the sale deed is executed and duly registered ? If it is registered then the sale deed is valid. In sale the consideration of the property clearly stated as accepted then he could not deny the acceptances in future. 
Ajay N S
Advocate, Ernakulam
1909 Answers
19 Consultations
5.0 on 5.0
You must be in possession of the payment receipts for the payments made to the builder if the remittance was made in cash. These receipts are sufficient to prove the remittance of consideration. In these circumstances you should file a suit against the builder to seek delivery of possession along with compensation for the delay. The back date agreement to sale which he has created is also required to be challenged by you. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0

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