Hi, better you can seek a legal opinion from the advocate and proceed further, without verifying the documents it is very difficult to answer your query.
Buying flat in apartment from owners share
This question is related to the previous question i posted on the same forum. I am interested in buying a flat in an apartment from owners share in bangalore . The apartment is constructed based on joint development agreement between 6 land owners and builder. The landowners have acquired the property from common ancestor who was alloted the land by inams abolition act. Following his death, where in after a case in court, the land has been partitioned by court order with mutual agreement as follows : 1/6th to the wife, 1/6th each to 2 sons, 1/6th to a daughter, 2/6th jointly to two daughters. Following this they entered JDA with builder which specifies that 50% of share is alloted to landowners jointly and 50% to builder.This doesnot tell anything about individual flat allotments. Following this GPA is also executed. Both are registered documents. Following this there is a supplemental agreement which details the flat number allotment for each owner and builder. The undivided share of land alloted to my flat number (and all flats) is also mentioned in the flat sharing agreement. This agreement is made on a 500 Rs stamp paper under artlcle 12/Bond category , but not registered. Now the flat i buy belongs to the female land owner who held jointly with the other sister 2/6th of the land share. In context of this i have the following queries: a) Any issues of the transfer of property to heirs as it is acquired by the owner under inams abolition act. b) Since the ancestor didnot leave a will, do grand children or other relatives also have a share in the land property ? c) Since the flat allotment agreement is not registered, any problem will arise in future? d) During registration of the flat while selling, in this case which document will be referred by the registration department to determine the seller ownership of the flat and the undivided share of the flat to be mentioned in the registered sale deed of the flat ? How the authenticity of the document is verified as it is a unregistered document and in this case i came across two different versions of the same flat allotment agreement which differs in undivided share allotted to flats. e) Do the owner of the flat i buy can sell it without the consent of other land owners and builder in this case. Also the owner in my case has held jointly the land share (2/6th) with other sister. Any bearing of this? f) Can the owner sell the property without her husband/children who may be majors in this case ? g) Do i have to register the sale agreement which is made befor the sale deed as i am planning to buy on the basis of house loan ?
Asked 7 years ago in Property Law
Religion: Hindu
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5 Answers
once partition has taken place it ceases to be ancestral property
2) grand children have no share in said property
3) flat allotment agreement should be registered . it can cause problems if not regd
4) seller ownership share would be determined as per court order of partition , agreement entered into with builder
5) owner can sell his share in property without consent of other co owners
6) wife and children consent not necessary for sale of property
7)advisable to register agreement for sale
a) Any issues of the transfer of property to heirs as it is acquired by the owner under inams abolition act.
AS THE PROPERTY WAS PARTITIONED BY A COURT JUDGMENT AND THE SHAREHOLDERS ACQUIRED THEIR RESPECTIVE SHARE AS PER THE COURT VERDICT, THERE SHOULD NOT BE ANY PROBLEM AS WHAT YOU APPREHEND.
b) Since the ancestor didnot leave a will, do grand children or other relatives also have a share in the land property ?
The grandchildren do not have any right or share in the share allotted to female shareholders.
c) Since the flat allotment agreement is not registered, any problem will arise in future?
In general such agreements are not registered and there is no legal binding for compulsory registration.
d) During registration of the flat while selling, in this case which document will be referred by the registration department to determine the seller ownership of the flat and the undivided share of the flat to be mentioned in the registered sale deed of the flat ? How the authenticity of the document is verified as it is a unregistered document and in this case i came across two different versions of the same flat allotment agreement which differs in undivided share allotted to flats.
The vendor's original allotment of her share by the court verdict hall become the master title document as far as her share of flats being allotted in the present agreement between the landowners and the builder and she can execute a registered sale deed in favor of the buyer in respect of the flat sold to the buyer.
e) Do the owner of the flat i buy can sell it without the consent of other land owners and builder
in this case. Also the owner in my case has held jointly the land share (2/6th) with other sister. Any bearing of this?
For a jointly held property, both the owners have to execute a joint sale deed since their share o property still held jointly by them.
f) Can the owner sell the property without her husband/children who may be majors in this case ?
Husband and children are not the owners of the property hence she eed not take their consent or NOC to sell the property.
g) Do i have to register the sale agreement which is made befor the sale deed as i am planning to buy on the basis of house loan ?
Unregistered sale agreement is not valid in law and the bank may not sanction loan on an unregistered sale agreement.
Thanks for the response.. Just some more doubts. The JDA and GPA are executed and registered before the project was commenced and plan was also not obtained by then, which just tells the share of landowners jointly (50%) and builder (50%) The flat sharing agreement is executed after the construction is completed and here its states the flat numbers alloted to each owner (along with Super Builtup area and Undivived Land Share for each flat) and builder. The agreement is a stamped for Rs 500 under article12/bond category but not registered. It does not tell anything about the rights of the owners/builder to sell their share etc. Now most of the flats in the apartment are sold. All the owners have sold atleast one flat in their share. a) Is it safe to proceed on the basis of the unregistered flat sharing agreement as all of the owners have sold atleast one of their flat? b) In this case is the flat sharing agreement under stamped in terms of stamp duty ? Note :I have checked with a local advocate, but need more clarity on this .
Asked 7 years ago
1) no not safe to proceed on basis of un regd sharing agreement
2) stamp duty is state subject and varies from state to state
3) un regsitered agreement is not admissible in evidence
a) The flat sharing agreement is internal between the owners and the builders, it need not be registered. The owner remains same and he has entered into an agreement with a builder to construct flats on his property with agreement to the considerations accordingly, hence this agreement is not something different and significant.
b) It will not attract stamp duty also.