• Checklist to buy resale flat from joint owners

Hello,
I am considering to purchase a flat in Dombivali (E) for total consideration of Rs 33 lakhs (first time buyer). The flat is right now jointly registered in name of two ladies (sisters). 

1)	As the flat is registered in name of two joint owners, please let me know what precautions I should take while doing payment, executing sale agreement and sale deed for same. 

2)	Can you please help me with the checklist of documents that I should inspect before considering to enter into a sale agreement and going for registration? Please only let me know documents that are absolute necessary for sale deed in Dombivali. (there is a very long list on internet)

Sagar
Asked 9 months ago in Property Law from Dombivli, Maharashtra
Religion: Hindu
1) insist on NOC from society for purchase of flat 

2) check whether society maintenance has been paid till date 

3) check whether original documents are with  seller 

4)whether building has occupation certificate issued by BMC 

5) get sale deed prepared by lawyer 
Ajay Sethi
Advocate, Mumbai
23123 Answers
1214 Consultations
5.0 on 5.0
1) you should not make payment of entire sale consideration in name of one seller since the flat is standing in joint names . 

2) agreement for sale and sale deed has to be signed by both the co owners 

3) if however one seller has executed POA In favour of other co owner then said seller can sign on his behalf too 
Ajay Sethi
Advocate, Mumbai
23123 Answers
1214 Consultations
5.0 on 5.0
Hi, if you want to make payment as advance you can pay to the both the sister equal amount either through Cheque or Demand Draft.

2.  You can also enter Sale Agreement.

3. It is better you can contact the local advocate and get the legal opinion appropriately.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
If property is in joint names both joint owners are entitled to receive sale amount according to their share in property. You can make payment on the request of joint owner  you cannot make payment on your own term. Let them to decide mode of payment and must express it is sale dead. You have to pay accordingly. 
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0
If there is no POA both joint owners are bound to sign it in front of witness and execute sale dead. A single person cannot sell joint property without having power of attorney from other.
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0
1)	As the flat is registered in name of two joint owners, please let me know what precautions I should take while doing payment, executing sale agreement and sale deed for same. 

The title holders should execute a registered sale agreement in favor of the purchaser.



2)	Can you please help me with the checklist of documents that I should inspect before considering to enter into a sale agreement and going for registration? Please only let me know documents that are absolute necessary for sale deed in Dombivali. (there is a very long list on internet)

Any list of documents given here shall not be a complete list giving proper opinion to the purchase, instead you may approach a local lawyer who will scrutinise all the relevant documents and would ask you to produce any other relevant document to confirm a genuine sale and genuineness of the property to be sold.  
i.e., besides the original link documents depicting the title and transfer of the same to different hands, the Joint development agreement if any, power of attorney documents, if any, approval by competent authorities like town and country planing department , municipality permission or any other permission by a different authority etc need to be scrutinised. 
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0
Thanks for your answer. My main question was how should I handle the payment and agreement from these joint owners -

1) Can I make my payment in name of anyone of them or I need to include both names on my cheques. If both then what is the best way to handle that.
If there are more than one seller , the payment should be made in both the names until and unless you're requested in writing by both to make payment in either's name by the other one giving NOC to other, this would prevent any litigation in this regard in the future.



2) Do I need both of them to sign sale agreement or just one is fine.

Both being the vendors, both have to sign the sale agreement



3) Same question for Sale Deed registration.

Same answer.
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0
1. Since the title of the property forms the foundation of proprietary rights it must be clear and free from any encumbrance. Before you buy a property, verify the title of the seller and also the antecedent chain of ownership. A search of the records at the sub-registrar’s office may be carried out for documents that may affect the property and may have been registered 

2. Since it is a joint property the sale agreement and sale deed should be executed by both joint owners unless either of them executes a POA in favour of another to authorize him to execute the agreement and/or sale deed.

3. Verify documents of title to check payment of stamp duty. If the ownership of property has changed hands more than once, examine all the documents for payment of stamp duty by the predecessors.

4. The payment should be made separately in favour of both co-owners. Separate cheques should be be issued or DDs prepared.
Ashish Davessar
Advocate, Jaipur
18063 Answers
446 Consultations
5.0 on 5.0

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