I purchase from builder & also registered 2flats under one agreement consisting of two flats of 610 sq.ft ( 1bhk )and 950 sq.ft (2bhk) on different wings/floors in kamothe Navi Mumbai. These two flats were registered in our single name on 2011.but have different light bill, society maintenance receipts & separate share certificate. Convenyance also is done, society registered
In 2016 we want sold one flat to another person how could be done and if purchaser want to take loan can he take the loan
Asked in Property Law from Navi Mumbai, Maharashtra
1) There should have been separate agreement for each flat
2) appeoach the builder and draw his attention to fact that on account one combined agreement yiu are finding it difficult to sell your flat
3) ask him to cancel the present agreement a d execute separate agreement for each flat
1. You have two properties purchased in one sale deed,
2. You want to sell one property out of the said properties mentioned in the said sale deed,
3. You can register a sale agreement for the sale of the said one property for which the Bank will provide loan to your buyer,
4. The related sale deed for sale of the one property can be registered and the said registered sale deed can be deposited with the lending Bank while mortgaging the said property.
If you have same or different sale deeds in respect of both the flats then obtaining loan should not be a hassle if the title is free and marketable. Having different electricity bills and society maintenance receipts does not diminish your title.
Sale agreement is different to that of the registered sale deed.
Did you get a registered sale deed for two flats separately?
If so, then you can sell it separately, however that cannot be a single sale deed for two different properties, in case it is a single registered sale deed, then you can execute a registered sale deed in respect of the the property you wold like to sell separately and you need not handover the original sale deed to the buyer mentioning that it is a combined sale deed for both the flats.
There is no legal informity in this.