Hi,
I am buying one apartment flat in Bangalore this month. The scenarios are the following:
1. The builder has gone into an sale agreement of the said flat with Party A when the property was under construction.
2. Now party A wants to sell this flat before registering and I am willing to buy this flat
3. The builder, myself and party A has gone into an Assignment agreement where the Party A has agreed to assign all his rights to me and builder has agreed to register that property directly to to me.
4. However, the above mentioned assignment deed as well as the original sale and construction agreement between the builder and Party A has not been registered but has been signed on a stamp paper with 0.1% of the sell value.
5. The builder wants to add the following paragraph in the final deed that will get registered and get PARTY A's special power of attorney holder to sign as a witness during registration
"WHEREAS the VENDOR has executed an Agreement of Sale dated xx-xx-2008, in favour of PARTY A, to purchase the Schedule Property, due to change in circumstances they have entered into an Assignment Deed on xx-xx-2012 with the PURCHASERS herein. They have given their consent for the sale of the above mentioned flat by the VENDOR to the PURCHASERS herein and the VENDOR has made PARTY A as consenting witness to this Sale Deed herein. "
Now my questions are:
- Whether it is really needed to include the assignment deed and original sell agreement details in the final deed, particularly when these are not registered?
- As this would create a reference of unregistered deeds related to immovable properties, can these potentially create any issue to get the mutation/khata transfer done in future
- What could be the future problems if we dont mention the assignment deed and original sell agreement details in the final deed. More so as there is no record of these documents and the originals of both of them would be with me.
You responses would be really helpful to me.
Thanks,
Jeevan
