Flat being purchased from pap- hutmen sale
jigar
(Querist) 07 April 2014
This query is : Resolved
Dear Experts,
I need your advice on below:
I have been recently offered to buy a property of the Propject affected person(PAP) under Hutmen sale.
I will be given the following documents:
1) Affifavit
2) Power of attorney from Seller
3) Purcahse and sale agreements from the seller.
4) All the documents from builder like
a) LOI
b) IOD
c) CC
d) OC
e) Convens of Deed of Land.
I need your kind advice on :
1) Can i enter into such purchase deed? is it legally possible?
2) The above documents are sufficent.
3) Any additional Documents
4) any other precaution i should take.
Please reply as bit urgent.
Thanks in advance for your reply.
ajay sethi
(Expert) 07 April 2014
it is your call . better consult a local lawyer before purchase
jigar
(Querist) 07 April 2014
Thanks for your reply Mr. Ajay
However, I need the comunity experts views on the above. Would request detailed reply on the query with some background.
I need your kind advice on :
1) Can i enter into such purchase deed? is it legally possible?
2) The above documents are sufficent.
3) Any additional Documents
4) any other precaution i should take.
Sudhir Kumar, Advocate
(Expert) 07 April 2014
many persons do make qauery on this forum without giving facts and leave everything to imagination of experts.
You have given list of some documents :-
1) Affifavit
YOU HAVE NOT ELABORATED WHAT IS GOING TO THE LANGUAGE OF AFFIDAVIT. FOR BUYING SUCH PROPERTY GENERALLY YOU ARE CALLED UPON TO MAKE A FALSE DECLARATION THAT YOU ARE BPL OR PAP.
2) Power of attorney from Seller
YOU HAVE NOT ELEBORATED WHAT IS GOING TO BE THE LANGUGE OF PAO.
SO IT IS CLEAR THAT NO REGISTRY IS GOING TO BE THERE.
3) Purcahse and sale agreements from the seller.
YOU HAVE NOT ELABORATED WHETHER AS PER TITLE DEED SELLER HAS OR HAS NOT GOT ANY RIGHT TO SELL.
4) All the documents from builder like
a) LOI
b) IOD
c) CC
d) OC
NOT ELABORATED WHAT ARE THESE PAPERS
e) Convens of Deed of Land.
Sudhir Kumar, Advocate
(Expert) 07 April 2014
YOUR QUESTIONS
1) Can i enter into such purchase deed? is it legally possible?
ANS : THAT DEPENDS UPON THE LANGUAGE OF THE TITLE DEED AND ALSO THE LAW/NOTIFICATION RELATING TO SETTLEMENT.
2) The above documents are sufficent.
3) Any additional Documents
ANS : THAT DEPENDS UPON THE LANGUAGE OF THE TITLE DEED AND ALSO THE LAW/NOTIFICATION RELATING TO SETTLEMENT.
4) any other precaution i should take.
ANS : CONSULT LOCAL LAYER AND MAKE NO FALSE STATEMENT /AFFIDAVIT.
jigar
(Querist) 07 April 2014
Thanks Mr. Sudhir.
I am also not a knowledgeble person in this. With all due respect to the experts thanks for the reply.
I will get some more details and get back.
I am grate ful for this.
Sudhir Kumar, Advocate
(Expert) 10 April 2014
You are not expert of law understood. Burt for knowing what affidavit you are going to swear you need not be expert in law.
In most of such cases, it is see that buyer is called upon to make a false declaration of being BPL or PAP
jigar
(Querist) 10 April 2014
Thanks Sir
I have asked the concerned person to share the draft / or any photocopy.. Seems he is unable to share. I doubt geniune.
I have been also told i will get the allotment letter with my picture.
It will be great and i will be thankful if some draft languague can be shared here.
This is the biggest forum for laywers with wealth of knowledge. Thanks
Sudhir Kumar, Advocate
(Expert) 13 April 2014
He3 will present you the affidavit at last stage, to be signed without reading.
No draft can be given because the purpose of affidavit is not known.
I have seen a couple earning 35(+)k and being asked to sign affidavit of being BPL.
If you sign a false affidavit the sale is liable to be cancelled and it will be difficult for you to recover even the sale proceeds and yet you will pay EMI without tax benefit.
