• remove the name from aggriment made during the purchase of flat

During the booking a flat in sector 78 noida we made an aggriment in year 2012 with builder in joint name of myself  (mother)and my two daughters 
First name-myself. Second name-my first daughter. Third name -my 2nd daughter 
Now I want to remove  my name as well as 2nd name and make  the registration in 3rd name with our mutual understanding.but builder is not ready. 
Builder is not ready to even remove any one name
Pl.suggest me the all possiblIties
Asked 10 months ago in Property Law from Noida, Uttar Pradesh
Religion: Hindu
1) you and your daughter can execute affidavit that you are relinquishing your rights in flat and have no objection if flat is regd in name of daughter only 


2) i presume no loan is taken for flat purchase  . If any loan is taken you would need bank consent too 


3) without builder consent sake deed cannot be regd in nane of yiur daughter only 

4) let sale  deed for flat be regd in all 3 names  . Later yiu can execute gift deed or relinquishment deed in favour of daughter
Ajay Sethi
Advocate, Mumbai
24706 Answers
1323 Consultations
5.0 on 5.0
You and your first daughter can execute a supplementary agreement with the builder to authorize him to execute the sale deed in favour of your second daughter. If he does not agree to your demand then let the builder execute the sale deed in favour of all three of you, and thereafter you and your first daughter can transfer your share to your second daughter.
Ashish Davessar
Advocate, Jaipur
18828 Answers
472 Consultations
5.0 on 5.0
If it is an unregistered agreement then you can delete the names during registration of sale deed but if it is a registered document then you may have to execute a registered release deed relinquishing your rights and also your another daughter should exercise the same process after which the property can be registered on the desired daughter's name alone.
The builder cannot refuse this because this is the legal process to be adopted in such a situation. 
T Kalaiselvan
Advocate, Vellore
15249 Answers
139 Consultations
5.0 on 5.0
Suggest all possible options.

The other two  person can execute a registered settlement or gift deed later on in favor of the daughter  who is the choice of single ownership., if the builder is not agreeing for deletion of names in the registered sale deed document. 
T Kalaiselvan
Advocate, Vellore
15249 Answers
139 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
15249 Answers
139 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
24706 Answers
1323 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18828 Answers
472 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12713 Answers
261 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5839 Answers
63 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
523 Answers
18 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2871 Answers
43 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
916 Answers
55 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1946 Answers
19 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1323 Answers
89 Consultations
5.0 on 5.0