Builder not executing conveyance deed for flat but only simple possession letter given can i sell

Querist : Anonymous (Querist) 22 January 2012 This query is : Resolved
sir,
i own a flat in pune my builder(pvt) has already given possession of the flat and i am having physical possession of flat-follwing documents are with me-
1- registered agreement to sale
2- simple possession letter on the letterhead
3- housing society`s share certificate
of the builder
my builder is avoiding to executive conveyance deed for my as well as all other flats in the project. pl advise if-
1. if my title to the property is valid in the absence of conveyance deed
2- can i sell the flat without conveyance deed
3- the housing society of the flat owners is already formed and registered and i possess the share certificate regarding flat issued by the society
pl guide and in case builder doesnt execute conveyance deed remedies availabe to me againt the builder

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Devajyoti Barman (Expert) 22 January 2012
1. Yes, valid possession id 9/10th of title.

2.No unless the your Vendors also become party to such sale as your purchase is not yet completed.

3.In the given circumstances file a case against the builder before the Consumer Forum for Registering a proper Deed of Conveyance in your favour.

Sudhir Kumar, Advocate (Expert) 22 January 2012
The deal appears to be murky. One side you are taking of housing society and other side you are talking of builder giving sale deed. In housing society the land is allotted by Govt to the society. In buyilders's case jhe purchases the land and builds house. In most of the cases the builders do not purchase the land and they just get permission of occupancy and construction from the farmer and the farmer (though no more netitled to enter) continue to be resitered owner in the Partwari's record. That being the case the builder is himself now owner fo the land so how can he sign sale deed. Buyer just plunge into the deal without checking title of the land falsely believing to be member of a society. Please check land records and then decide. Please check from registrar of cooperative society as to whether at all any society is registered with them.

Raj Kumar Makkad (Expert) 22 January 2012
I endorse the views of Sudhir.

prabhakar singh (Expert) 22 January 2012
i too

M/s. Y-not legal services (Expert) 23 January 2012
me too agree with sudhir sir..

-tom-

Querist : Anonymous (Querist) 31 January 2012
sir/s,
seems my problem is not properly conveyed to adv.sudhir. i furnish additional details
1. land is owned by pvt party. builder has the power of attorney and agreement for development of land
2. its a 7 storey bldg having many flats in it. i purchased a flat in it for which agreement to sale was registered in pune. after completion of all flats builder gave possession/allotment letter to all flat owners on his letter head and handedover physical possession of flats to all purchasers. he also formed the society of flat owners by completing all legal formalities. the society is registered and has issued share certificate to me all other flat owners. its a coop hsg society
3. the flat is financed by a nationalised bank. and before execution of agreement to sale due search for 30 years has been taken by an eminent lawyer in pune who is on the banks approved panel
4. now my question is -
when i approached my builder for execution of conveyance deed in my favour he is avoiding the same under some pretext
i physically possess the flat for last 4 years . builder hasnt executed the conveyance deed in my as well as all other flat owners favour
5. its a flat ant not land or independent bunglow.
i hope now i am clear pl guide

ajay sethi (Expert) 31 January 2012
if builder has not executed agreement in favour of flat owners he is guilty of deficency in service . issue him legal notice call upon him to execute sale deed with all flat owners . if he fails to do so move conusmer forum and ask for necessary reliefs . contact a local lawyer

Builder not executing conveyance deed for flat but only simple possession letter given can i sell

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