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Varun Shakya   04 October 2021

Buying a resale flat

I am buying a resale flat, flat was on name of person X an his wife y ,..later agreement got lost ..but they did FIR and get certified copy again from registrar office.later X gift deed his half share to his wife Y ..now Y is owner .. search title report good, bank also giving loan ...what could be the risks here .. please help


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 4 Replies

Dr J C Vashista (Advocate)     04 October 2021

When the flat is already transferred in the names of X & Y, which agreement is referred to have been lost ? 

Whether the agreement (stated to have been lost and duplicate copy obtained) was registered ?

What is the relevance of the agreement at the time of sale of the flat to prospective buyer ?

Get the title report searched properly, however, if it is "FREE FROM ANY ENCUMBRANCE" get a second opinion as the same (title) is under suspicion.

1 Like

Advocate Bhartesh goyal (advocate)     04 October 2021

Whether gift deed by X to his wife is registered or not ? If gift derd by X to his wife Y is not registered then Y is not absolute owner and can only sell her share.

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Varun Shakya   04 October 2021

Agreement from builder to owner is lost , later they filed FIR and then got the certified copy . I consulted with lawyer he did the search title report for me .lawyer said it's clear no problem ..later Bank also did the search title and they said it's clear..

Kishor Mehta (CEO)     05 October 2021

It will be in your interest to take the consent signature of Husband to the sale.


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