• Property matter

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 3 months ago in Property Law from Navi Mumbai, Maharashtra
Religion: Hindu
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 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
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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. 
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
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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. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
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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.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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