Sale deed registration of under construction flat in hyderabad
Thota
(Querist) 10 December 2012
This query is : Resolved
1) I have booked under construction flat in Hyderabad in 2011. Agreement of Sale is done but not registered.
2) Now I have paid the full consideration and Builder wanted me to execute and register the Sale Deed.
3)But still it will take some 4 to 5 months for the construction to be completed.
My builder gave me Sale Deed draft but not mentioned about possession date. So I am insisting the builder to include date.
I request you to help me how to include the possession details of my under construction flat in Sale Deed. Whether Sale Deed can mention the probable date of possession like on or before OR by the month of etc.
Please help me URGENTLY that I am going for Sale Deed in 2 days.
ajay sethi
(Expert) 10 December 2012
yes ask the builder to include clause that posession would be delivered within one year . if builder says 6 months give more time under agreement then he wont have any problems in inserting clause . also provide for conseqences in case builder fails to deliver posessionon time
Thota
(Querist) 10 December 2012
Dear Sir,
Thanks for your prompt response.
I am little confused about your statement about " giver more time under agreement".
Sir, I am not talking about Agreement of Sale.
I am talking about SALE DEED of my under construction flat which will take 4 to 5 months time for completion of work.
So, do you mean that SALE DEED can have the clause to include the delivery of actual physical possession of under construction flat.
Because, I am going for SALE DEED in 2 days and I want to take precautions about the possession.
Please respond and help me.
Devajyoti Barman
(Expert) 10 December 2012
Without delivery of possession do not execute sale deed.
It is done only if the possession is already delivered.
Thota
(Querist) 10 December 2012
Dear Barman,
I agree with you.
But, I have paid full consideration for under construction flat.
Builder also want to go for SALE DEED.
Construction will complete in 4 to 5 months.
I am having faith & trust in the builder.
But still from legal point of view, I want my SALE DEED to have the clause for delivery of actual physical possession like within a year OR by the month of OR before the month of etc.
Please reply and clarify.
Thanks in advance
Thota
(Querist) 10 December 2012
I am confused a lot. Whether any body please respond me for my query ?
I have paid full consideration for under construction flat.
Builder also want to go for SALE DEED.
Construction will complete in 4 to 5 months.
I am having faith & trust in the builder.
But still from legal point of view, I want my SALE DEED to have the clause for delivery of actual physical possession like within a year OR by the month of OR before the month of etc.
Or guide me how to mention in SALE DEED.
Thanks in advance
ajay sethi
(Expert) 10 December 2012
sale deed can contain a clause that posession will be handed within ______ months . in the event builder is unable to deliver posession within the period specified he shall be liable to pay interest at 18%for the delay in handing over posession
Thota
(Querist) 10 December 2012
Dear Sethi,
Thanks for your explanation and response which has cleared all my doubts.
I have one more query. Can we include a point in SALE DEED like:
======================================
The Vendors hereby covenant that they shall pay all taxes, cess, charges to the concerned authorities relating to Scheduled Flat till the date of possession of Scheduled Flat or formation of the registered Society/Association, whichever is later. If any claim is made in this respect by any department/authorities, it shall be the responsibility of the Vendors to clear the same.
============================
Thanks & Regards.
Thota
Raj Kumar Makkad
(Expert) 11 December 2012
You can definitely insert the clause in the sale-deed if both parties are agree for this insertion.
Thota
(Querist) 11 December 2012
Dear Rajkumar,
Thanks for your feed back.
I have following 2 more queries, whether we can again include leagally in SALE DEED.
Whereas rights of the Terrace, rights of further construction on, in and around the said Building/Complex will always remain jointly with the Vendors and Vendee and hereby agreed by the third party. Further the third party will not have any rights and claims on Terrace.
===================
The Vendors hereby covenant that they shall deliver the actual physical vacant possession of the Scheduled Flat under sale to the Vendee by the month of _______, 2013 along with Letter of Possession, Letter of No Dues, Occupation Certificate /Completion Certificate etc.
In the event of any delay to deliver the possession within the specified period, the Vendors hereby agreed to pay interest at 18% for the period of delay in handing over possession.
============================
Please reply me sir.
Regards,
Thota
ajay sethi
(Expert) 11 December 2012
cluase as to posession and interest is in order. hwoever as far as terrace is concerned vendor does not have nay right over common terrace . it forms part of common area and cannot be sold . it belongs to all members of the society
Thota
(Querist) 11 December 2012
Dear Sethi Sir,
You mean to say vendor has no rights on terrace also ? Please confirm.
Because in my under construction building, construction is going on for Stilt + 5 floors.
If the builder/vendor plans any extra floor after possession, then who will rights ?
Whether vendee/member does not have rights?
Plese reply. Thanks in advance.
ajay sethi
(Expert) 11 December 2012
no terrace forms part of common area and cannot be sold by builder . if builder has dislcosed plans for ground plus 5 he cnnaot carry on additional construction without consent of other members . builder should execute conveyance in favour of society formed by members
Thota
(Querist) 11 December 2012
Thnaks sir,
Whether I can demand for the inclusion of clause like:
Whereas rights of the Terrace, rights of further construction on, in and around common area of the said Building/Complex will always remain with the Society/Association formed by the members of said building and hereby agreed by the third party. Further the third party will not have any rights and claims on Terrace.
Please reply.
Raj Kumar Makkad
(Expert) 11 December 2012
You can very well insert the clause to get the exclusive right of the society over common area of the building.
Thota
(Querist) 12 December 2012
Thanks Mr.Makkad
Once my SALE DEED is executed, registered and after the completion of under construction flat, possession letter is to be taken from builder in which form?
I mean shall I take possession letter in normal paper or any affidavit is required.
Also shall I demand for Occupancy / completion certificate along with possession letter also?
Pl clarify my doubt.
regards,
Thota
ajay sethi
(Expert) 12 December 2012
posession letter take it on builder leer head . you cna ask for copy of OC
Thota
(Querist) 12 December 2012
Thank you very much.
I will take on builder letter head.
As my builder says that after completion of building, he maintain for 3 months, then hand over maintenance to Society/Association. So I would like to insert the clause like:
=============================
The Vendors hereby covenant that they shall pay all taxes, cess, charges to the concerned authorities relating to Scheduled Flat till the date of possession of Scheduled Flat or formation of the registered Society/Association, whichever is later. If any claim is made in this respect by any department/authorities, it shall be the responsibility of the Vendors to clear the same.
======================
======================
Pl comment and provide your feed back please
ajay sethi
(Expert) 12 December 2012
Mr thota
the builder has to agree to your including addtional clauses . generally builders refuse to change any clause . the clause drafted by you is ok
Thota
(Querist) 12 December 2012
Thanks for your feed back.
I will revert back for any further queries.
Thanks.
Raj Kumar Makkad
(Expert) 12 December 2012
An insertion in the sale-deed depends upon the mutual agreement of both the parties, however, the common places should not be inserted as exclusively sold rather the right to use common places should be duly mentioned.
M V Gupta
(Expert) 14 December 2012
The clause relating to the terrace mentions third party. who is this third party? clarify or redraft the clause suitably.
Thota
(Querist) 14 December 2012
Dear Gupta ji,
The builder is referring himself as first party i.e vendor. Builder is referring buyer/vendee as second party. so we want insert like :
=====================
Whereas rights of the Terrace, rights of further construction on, in and around common area of the said Building/Complex will always remain with the Society/Association formed by the members of said building and hereby agreed by the third party. Further the third party will not have any rights and claims on Terrace.
===========================
Please reply.Is it OK sir ?
Raj Kumar Makkad
(Expert) 14 December 2012
Your proposed clause is absolute and legal.
Thota
(Querist) 14 December 2012
Dear Makkad ji,
As asked by Mr.Gupta ji, our sale deed does not mention about who is third party. Means it can be assumed as any body other than first party/builder and second party/buyer.
So the draft is OK for sale deed?
pl reply sir.
Raj Kumar Makkad
(Expert) 14 December 2012
Yes. your draft is perfect and you can go ahead as desired. Third party means other than the two mentioned in the draft agreement.
Thota
(Querist) 14 December 2012
Dear Makkad ji,
Thanks for your reply.
When to and how to include nominee details in sale deed. I want to include my define as a nominee.
pl help
Raj Kumar Makkad
(Expert) 14 December 2012
Your query is increasing unending. You invite either of us to your home and get enitre benefit of free service there.
Thota
(Querist) 14 December 2012
Dear Makkad ji,
Sorry sir,
Thanks for helping me and providing lot of answers and clarifications.
regards.
