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Rahul Sengupta (Professional)     29 February 2016

Buying flat from landowner

Hello experts,I am planning to buy a flat in Bangalore which is from landowner's share.The apartment is still underconstruction.I asked the builder if I can have tripartite agreement involving landowner,builder and me.But the builder refused to do so,he says that he can only sign as an witness without the stamp of construction company,the agreement will be only in between the landowner and me.Also all cheques should be given in the name of landowners only.The land belongs to landowner and his mother.They are christian family.Both of them are ready to sign the agreement and also during registration both will go to sub register's office.My questions are

 

 

1.How do I know if the landowner has any mortgage on the property which can put me to trouble in future?

 

 

2. Can any legal heir who might not be there in Joint Development Agreement in future create any problem?If so how can I protect my self?

 

 

3.The agreement I will sign during downpayment will not be a registered document..so can any legal action be initiated on the basis of this agreement later on?

 

Please clarify my doubts.

 



Learning

 4 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     29 February 2016

Sir,

 

Get the title deed from the registrar and verify all the details before you buy anything.

 

Warm Regards

Kapil Chandna Advocate

9899011450

Rahul Sengupta (Professional)     01 March 2016

Hello Kapil sir,can you please elaborate on the point you mentioned.how long the sub register office takes to give me the title deed?And also please answer the questions I asked...I am planning for SBI home loan...so can I consider if the bank is approving then the property is clear to buy?

 

 Thanks

Adv. Digvijay R Singh (ADVOCATE-PRACTICING)     01 March 2016

U can enter into mou...if any legal heir having right is excluded it will cause legal battle so clarify before making any payment

Rahul Sengupta (Professional)     03 March 2016

Thanks you for the suggestion..but what about questions 1 and 3.Need to know if landowner is signing the agreement for sale saying that he has no mortgage,can it be used as an evidence later on to protect myself?And also if any legal actione be taken on the basis of Agreement of Sale which is not registered.Please help.It's urgent.


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