Sale without registration
maxmoon
(Querist) 01 April 2013
This query is : Resolved
dear sirs,
I have invested in a scheme of ansal builders in october 2010 where an agreement was made by builder on Rs 100 stamp paper stating that the allotment and possession will be given after 2 years from the date of agreement.the plot area is 300 sq.yards.It has been jointly purchased by my father,my brother and myself.my share is 50% in the land.Till date we have not been given any possession or allotment so i have decided to sell my share.Is it possible to sell half i.e 150 sq.yards even though the registration has not happend yet.will i need noc from my brother and father.my father is here but my brother is abroad.what can be done in this case
Raj Kumar Makkad
(Expert) 01 April 2013
You need not obtain NOC from your father or brother for the sale of your share to any third person but it requires NOC from builder.
Devajyoti Barman
(Expert) 01 April 2013
Yes it is possible, but when the builder registers the property in the name of the person who is buying your share, you would be required to add as Confirming Party.
prabhakar singh
(Expert) 01 April 2013
But you have booked a construction
(Flat)ultimately to situate in a co-operative management where co-owners unit of flat can not be partitioned and your father and brother have agreed to joint sharing of Flat because all of you are from one family,then even if builder agrees and allows you to substitute you by a fresh Booker,his or your such decision would not be binding upon your father or brother,for them it would be breach of agreement by the builder is my opinion.Your father or brother may or may not agree to share a unit of Flat(dwelling)with a stranger coming to substitute you more particularly when unit would not be allowed to be partitioned and shall remain intact in future in accordance with sanctioned plan.
maxmoon
(Querist) 01 April 2013
sir its a plot of 300sq.yd which i want to sell and not a flat.
prabhakar singh
(Expert) 01 April 2013
Then you can do so only with an arrangement and consent of your builder because you do not have any sale deed from builder,you need a fresh Booker to substitute you.You can not directly sale it as there is no title passed on to you.
maxmoon
(Querist) 01 April 2013
sir, the builder said that i cannot sell my part of land .either i have to wait till registration or else sell full plot.also if its a joint plot then can i do the registration seperately from my father i.e half land on my name?
Raj Kumar Makkad
(Expert) 01 April 2013
You can very well get the separate registration of the plot as desired.
ajay sethi
(Expert) 01 April 2013
dont take any step without the consent of builder . no registration has been done yet, ask the builder only to sell your land as you need funds .
