Sale of non-registered flat
Dr. Rizwan
(Querist) 11 March 2013
This query is : Resolved
A person had entered into an agreement in april 2002 with a builder which mentions possession will be handed over in 8 months but gives a possession letter in march 2006 on official letter head but never executes a sale deed with the ist buyer. Now I bought this flat from this first buyer and after part payment find out that he has never executed a sale deed with builder and he is not willing to execute it with him even after 10 years. The builder has said him to get into a sale agreement with me to sell this flat and return him the possession letter and to write a letter to builder stating that he is transferring back the flat to him to get it transferred to me and then he says he will directly execute the sale deed with me. In this matter should we trust the builder and enter into a sale agreement with a person who has no title, or is the builder trying to break adverse possession claim of ist buyer who is on verge on completing 12 years of possession. Who should we go with and what should be done?
Devajyoti Barman
(Expert) 11 March 2013
Do not do this as this method is most fraught with risk.
Execute a sale deed with your buyer wherein get the builder as a Confirming Party or at least Witness.
Otherwise try to get back your money and zero in on some other flat.
Raj Kumar Makkad
(Expert) 11 March 2013
1st buyer is legally now owner of the property being purchased by you so he has legally no right to get executed the registered sale-deed in your favour as a seller cannot give a better right to the buyer so better to make a tripartite sale-agreement containing the 1st buyer and builder with you and get this agreement registered and then get the direct registration of sale-deed from the builder. It is sure that the builder shall charge additional amount from you and you have no other option but to accept his dictates otherwise leave such disputed property.
A buyer is expected to be more and more vigil prior to purchase of any property.
