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Rahul G (Professional )     03 February 2021

Buying A Residential Property

Dear Sir/Madam,

I have booked a resi. property. But at the registration, developer is going to conduct a tri party agreement/registration. Three parties are as below;
a. Seller who is director in developing company
b. Buyer myself
c. Developing company who is consenting party
As per developer person who is also a director of a developing company, he'll buy a resi. property from developing company (RERA REGD.) then he will sell the same resi. property to me.
Registration of a document is planned tomorrow.
So my queries are as below;

1. Is there any legal complexity in this buying/selling a resi. property? if yes, then what it is going to be?
2. Shall I go ahead with such kind of deal ?
3. Is there any other way around out of this situation?
4. Today or tomorrow I can able to see the drafted document.
5. Any issues you see in the formation of society in future?

please guide.


Learning

 4 Replies

G.L.N. Prasad (Retired employee.)     03 February 2021

Depend on the guidance of the local advocate, as he is the competent professional to study the terms and conditions in such TPA and such rights.  Unless the other parties rights and terms and conditions favourable only to them are studied, it is not proper to expect guidance when you are investing hard earned money in such life long investment.

Rahul G (Professional )     03 February 2021

Thanks, Sir for your reply.

I understood the importance of terms & conditions in any TPA & actually I was looking for an overall perspective upon the above-mentioned deal. 

And any legal consequences out of it from selling a property;

1] from developing company to the single owner (director of the developing company)

2] from the single owner (director of the developing company) to myself.

Dr J C Vashista (Advocate)     04 February 2021

It will be better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

Rahul G (Professional )     05 February 2021

Dear Sir,

Thanking you and all for your kind guidance. 


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