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Sahil K   22 March 2022

Agreement for Allotment

I am buying flat from landowner who got flats from developer under Agreement for Allotment toral 4 flats.

so when i buy 1 flat and register sale deed.Then will I suppose to get original copy of agreement of allotment along with sale did for my purchase?

or only sale deed is enough to prove ownership.


Learning

 5 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     22 March 2022

Agreement copies also must keep along with sale deed 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     22 March 2022

The seller has to give you a certified copy of his purchase deed. Certified copies can be obtained from the registrar's office.

Palak batra   22 March 2022

Dear Querist,

 

Documents required to prove ownership of flats

 

1. Sale Deed

 

2. Sub-Lease Deed in case the land is given to a builder on permanent lease, from whom the flat is purchased

 

3. Proofs of deposits of property tax/electricity bills/water bills etc

 

4. Will (along with probate) in case of inheritance 

 

5. Deed of Partition along with court decree in case of ancestral property

 

6. Gift Deed in case of gift

 

"The Transfer of Property Act recognises only sale as a mode of absolute transfer of ownership of any immovable property. As such there cannot be transfer of ownership by execution of any other documents such as GPA, Agreement to Sell, Affidavit, Receipt, Will etc. However, this became a prevalent practice to avoid stamp duty, so, the Supreme Court in the case of Suraj Lamp and Industries Private Limited vs. State of Haryana reiterated the legal position that ownership cannot be established based on these documents.

 

Regards,

Palak

Dr J C Vashista (Advocate)     23 March 2022

Agreement to sell merges with Sale deed, which (Agreement to Sell) has no separate legal validity after registration of Sale Deed..

Sahil K   30 March 2022

Thank you all for your response.

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