• Sale Deed Necessary?

I am re-selling my flat to a prospective buyer. When i bought flat from the previous owner, we had done " Agreement of Sale" and had paid STAMP DUTY and REGISTRATION CHARGES at sub registrar office. But after that we didn't do the " Sale Deed". 
Now we have got following documents 
1. Society SHARE CERTIFICATE , 
2. Copy of commencement certificate , 
3. Copy of Occupancy certificate , 
4. Copy of CONVEYANCE DEED with the builder  done at sub-registrar's office (which was done after I bought the flat.)
5. Original Agreement of sale with previous buyer.
6.Original Sale Deed between Builder and Previous Owner.
7. Original Index 2 between me and previous owner, Stamp duty and registration receipt.

Question 1 : Can we get Title / Sale Deed done without previous owner? The previous owner can not be located / contacted.
Question 2: Will bank approve the home loan based on above property papers?
Question 3. What if we could locate the previous owner, but he refuses to co-operate?
Asked 5 months ago in Property Law from Pune, Maharashtra
Religion: Hindu
Without a registered sale deed executed in your favor by the vendor, you cannot claim marketable title to the property.
The all other documents mentioned in the list are supporting documents and not title deed.
Registered sale agreement deed or share certificate obtained from the society cannot determine your title to the property.
You have to locate the vendor and get a sale deed executed and registered in your name by paying appropriate stamp duty minus the stamp duty already paid towards the sale agreement.
If the vendor refuses, then issue him a legal notice to comply with the requirement and after that you can file a suit under specific relief act for executing a registered sale deed in your favor. 
The bank may not grant loan without sale deed.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
1)what were the clauses of agreement for sale? 

2) you cannot get sale deed without consent of previous owner . your query is silent when agreement for sale was entered into 

3) without going through the papers we cannot say whether bank will approve home loan for the flat 

4)Normally, ownership and title to the property will pass to the purchaser on registration of the sale deed with effect from the date of execution of the sale deed. But this is not an invariable rule, as the true test of passing of property is the intention of parties

5) contact a local lawyer . documents cited by you have to be perused to advice further
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1. Without sale deed being executed in your favour the title did not pass to you. Conveyance Deed is a document executed to transfer the title of land and building in favour of Society or Association of Persons (AOP). You should ask your seller to execute the sale deed in your favour. If he can be located but does not agree to execute the sale deed then a suit for specific performance may be filed against him in the civil court. 

2. Home loan is likely to be rejected as your title is not free and marketable. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Agreement for sake may operate as sale deed if full consideration had been paid and possession delivered by seller 

2) has flat  been transferred in your name by society and endorsement made on share certificate ?

3) it is necessary to peruse documents cited by you to advise 

4) contact a local lawyer 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1. Does the "Agreement for Sale" means " Private treaty" in this case.?

It is not private treaty or any other meaning known to you. It is a simple agreement to ell the property to you by the vendor/seller for a consideration/amount.  In this since the entire consideration amount has been settled/paid through a cheque, the vendor is liable to execute a registered sale deed to the buyer.  If he reuses then he can be dragged to the court by a specific performance of contract suit seeking the relief of execution of sale deed, if he fails to do it then the court will arrange for the execution and registration as per law. 





2. Was  Bank supposed to give us "Sale Certificate" after "Agreement for Sale" was done?

The bank cannot give a sale certificate since the bank is not selling this property. The sale agreement was with the seller and not with the bank, however since the bank had recovered the money it has released the documents.  If you deeply probe into matter you may find many more shocking news that the bank would not have seized the property at all nor it has brought the property into auction as is required by law.
The bank to wash away the responsibility has tained the amount from your father and adjusted it towards the outstanding loan and instructed the seller to execute a rgistered sale agreement to your father instead of executing the registered sale deed, may be because the seller would b required to pay more than the amount settled by yor father towards the sale of the property which your father would have agreed to pay at a later date.  There may be many more shocking informations which would not have been rectified at that time due to the lethargicness of both the parties or may be that nobody bothered about it or took the issue of sale deed seriously.






3. Can we ask for "Sale Certificate" from Bank now and get it registered ? As we had already paid the Stamp Duty at the time of agreement, do we have to pay the Stamp duty again.?

In my opinion the bank would not have sold the property because the sale agreement was between the seller and your father hence bank may not furnish sale certificate.
The stamp duty what was paid during the registration of sale agreement was for that deed alone, you may have to pay the difference in stamp duty for registering the sale deed to that of the sale agreement deed.





4. If all above options are not possible, is there any way to avoid executing Sale Deed with previous owner as he is not cooperating and we dont want to go for filing performance suit, its takes 5-10 yrs.
Now we have got following documents 
1. Society SHARE CERTIFICATE , 
2. Copy of commencement certificate , 
3. Copy of Occupancy certificate , 
4. Copy of CONVEYANCE DEED (mentioning our name)with the builder done at sub-registrar's office (which was done after we bought the flat.)
6.Original Sale Deed between Builder and Previous Owner.
7. Original Agreement of sale with previous buyer, Original Index , Stamp duty and registration receipt.

Everything is okay, but what about the title document indicating the title to the property.
A registered sale deed is the title document confirming marketable title to the property owner without which you cannot sell the property. 
You do not do the same mistake what your father did.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0

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