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parthasarathy   16 May 2016

Franking sale agreement

Hi,

I have done franking the sale agreement for 200/- . The total value of the flat is 72L. Can i consider this document as safe in case any cancellation later becasue of issuees later.

2. Can I Frank the document again for more value. is this legal?

please advise.

Partha



Learning

 5 Replies

adv.raghavan (Advocate,9444674980)     16 May 2016

Terms of reference is important than stamp value.

parthasarathy   21 May 2016

I am buying a flat foer 72 from owner share. After paying initial amount. hes telling to wait for registration as he needs to get Completion certificate and noc from builder. I have got the flat for nearly 6 lakhs where builder is selling for 78. he needs to save some money from builder/govt i dont know. My questions are,

1. Will builder need to register all flats belongs to owner. the construction is nearing completion as 90 percent work done. 

2. Gave some money as cash, he told dont worry for the cash, if you want to cancel next day i will give you the money.

3. In the sale agreement, it is mentioned as sale execution should happen before June 1st.Now almost june is nearing,, Any issues if it crosses this day.

4. What is the process of  handover of flats that belongs to owner.

 

 

 

adv.raghavan (Advocate,9444674980)     21 May 2016

let us confine to issues affecting your transaction, as the agreement date is nearing ,it is better to get it extended (date) or it is always better to get UDS registered in your name at this juncture. If nothing is happening of this kind, post agreement expiry period you will have little say over the said transaction. and  you will be at his disposal. On completion of building he will hand over the said property to you on behalf of the owner with valid documents.

parthasarathy   23 May 2016

Thank you sir for your response.

I am posting more details about the owner. I request you to spend some time and advice.

 

Sir, I am purchasing flat in Bangalore from owner's share. owner owes money to builder and also he gives a flat to me 4 lakhs lower than builder as he needs some money. we gave 24 lakhs and when we asked he tells registration date cannot be disclosed . he also tells i am genuine since I have not withdrawn the chwque. but he was worried about the cash 12 lakhs we paid. He told i will not any money less than 12 lakhs. sale agreement is expiring this june 1st. 

his assistant said maximum we will try for registration in august at max. we can save some money if we receive CC and no dues certificate from builder(owner owes some money to Builder )

i feel, owner will cancel the agreement as the flats is easily going for more than 80 lakhs now)

please guide me what is the next step i should take. 
1. when will builder gives CC and NOC(immediately after construction ?). now only pending work is sanitation work and electricity and giving water connectivity). is this situation is genuine.

2 Who will come for registration(builder or owner)
3. what if owner stiil not sharing the approximate registration atleast.
4for agreement we made for our reference made betwen me and ownwer has that clause 12 + 12 cheque and cash on 200 rs franking.
5. what are the other options available in case to return the money back and cancel.
6. till today he has not withdrawn the cash through cheque and he claims genuine.
7. Should builder delay giving cC and NOC.
please advise as i am not being normal since last week :(
I am scared that I wil get back the money given to owner.

 

 

adv.raghavan (Advocate,9444674980)     24 May 2016

Query is still un clear and full of, according to me,  apprehensions. let me stick to my earlier stand, without getting in to merits and  character of  owner and builder ,it is better to get  UDS REGISTERED at the earliest to clear all apprenhensions,. so that to some extent u can feel safe, or if you trust owner or builder get  agreement extended.. it is my sincere advise,  WE CAN TRUST PEOPLE, NOT THEIR CIRCUMSTANCES. 

1, CC and NOC  will be provided by concerned government officials, but consumes lot of time (chennai), i do not know the case in BGL. 2, If  the builder holds valid POA , he has to do registration.3, Kindly follow terms of reference and impress upon the builder/owner to clear his stand at the earliest, as time is essence of contract. and it all depends upon your relationship with the owner, to convince him , as he had shown and extended massive amount as discount.

 

 


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