Sale deed registration
Dr. Shekhar
(Querist) 17 March 2014
This query is : Resolved
I have executed buyer's agreement with a builder Krishna in Delhi. The flat has total price of 14 lacs and I have paid 5 lacs. Now the flat is ready for possession and I need to pay balance. But the sale deed which builder Krishna has sent me for registration has seller shown as some other person, Mr Ashish Kumar and not this builder with whom I have buyers agreement. The reason told by builder is that the land is in Ashish Kumar name so only he can register sale deed.
However this fact was not disclosed in the buyers agreement and all the payment I am making by cheque in builders name and no payment is made by me to Asish Kumar shown in sale deed.
What are the legal consequences of such sale deed if registered and how to best resolve this matter? I a have as yet not paid the balance amount and has not registered the sale deed.
Rajendra K Goyal
(Expert) 17 March 2014
The sale agreement did not contain any reference of Mr. Ashish.
You have paid in the name of the builder.
Ask copy of title papers of land, copy of agreement between builder and land owner from the builder and the documents with you i.e. sale agreement between you and builder, sale deed to be registered, show these to your lawyer for scrutiny.
Dr. Shekhar
(Querist) 17 March 2014
Yes Buyers agreement between me and the builder has no reference of Ashish Kumar who is land owner.
Reason as informed by builder: Land in Uttaranchal can be purchased only by the resident of Uttaranchal. The buider is only developer and has no formal agreement with Ashish Kumar.
Now how far will it be legally right to register sale deed with Asish Kumar when no payment is made to him.
Surprisingly already such dale deeds has already been registered with all other buyers in that society. And I am the only objecting. So how to resolve best in the given situation.
Rajendra K Goyal
(Expert) 17 March 2014
Ask the builder to arrange the money receipt mentioning that he has received the full consideration from the owner.
