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SANJAY NAGPAL (COMPANY)     16 February 2009

DISPUTES IN CASE OF UNDER CONSTRUCTION PROPERTY

hi,

APPX 6 MONTHS BACK I HAVE PURCHASED ONE UNDERCONSTUCTION FLAT IN FARIDADB FROM THE ORIGINAL ALLOTTE.THE DOCUMENTS EXECUTED AS PRESECRIBED BY BUILDER WERE RELINQUISHMENT DEED AND ATS ( BOTH UNREGISTERED) AND OTHER AFFIDAVIT AND INDEMNITIES IN WHICH IT WAS COMMUNICATED TO BUILDER THAT SELLER IS ASSIGNING ALLOTMENT AND FLAT BUYR AGREEMENT AND OTHER RIGHTS , CLAIM, LIABLITES ETC AS OCCURED IN HIS FAVOUR IN FAOUR OF BUYER. ON on that basis i have made payment . The builder also issue copy of money receipt in which flat no etc was mentioned and copy of fresh allotment letter in my ( buyer ) favour. However now builder is asking for execution of fresh flat buyer agreement instead of assignment of earlier one,which i had refused. Can on the basis of unrigistered documents, i have the remedy to assign earlier flat buyer agreement ( that too was unreigstered ) in my favour as till date no property is in existence.

 

Regards

Sanjay Nagpal

 



Learning

 1 Replies

Prakash Yedhula (Lawyer)     01 August 2009

If the flat buyer agreement had the clause for assignment, the assignment is absolutely legal.  


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