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Santanu M (Manager)     10 May 2012

Resale of unregistered flat

Hi,

Recently I am pursuing to buy a resale property (flat). This flat has been given possession to the owner and all payments are made to the builder, but the owner has not yet registered the flat. This property is on HDFC loan.

1> Can i buy this property legally ?

2> Since the current alottee has not registerd in his name , he is not actual owner. Can he sell the property to me ?

3> I am hearing one option as name transfer on the property by Builder . Is this valid legal option ?  Do i need pay service tax extra in this option ?

4> Builder also can cancel the current allotment and assign me as new alottee and builder can sign Deed of conveyance ? Do i need pay service tax extra in this option ?

5> In any of the option , do i need pay any additional amount apart from the transaction amount decided with the seller ? In any of the option , Deed of Coveyance amount be the same transaction amount between me & seller ?

Could you please suggest the proper legal approach need to be taken to register this flat.

 I need to respond back with urgency.

Your expert help is highly appreciated in this urgency.

 



Learning

 2 Replies

Adv Akhtar Ali Sheikh (Property Law Consultant)     10 May 2012

How could bank give loan without registration,, it is highly improbable

or mortgage would be there that too requires registration.

find out what type of agreement was entered into between the builder and the purchaser if they say none they may be lying.

the best option is to enter into an agreement with the builder and make the first purchaser as the confirming party and register it.

Get the loan details from the bank and mention it as the part of consideration and pay it to the bank

accordingly answers to your questions follow

1. Yes you can buy.

2. Once he has paid the money he is the actual owner. Registration does not convey title it sort of perfects it.

he can sell it to you but then first agreement would be required to be at least stamped with stamp duty while under making the purchaser as confirming party, you may not be required to pay stamp duty.

3. It is not valid if any agreement exists with the builder and if no then it could be.

4. He cannot cancel the allotment once heh as received the money .

5, yes some amount may be payable because builder may demand extra payment, because you require. Him to come to register it

6. I do know about service tax implications... 

 

Adv Akhtar Ali Sheikh (Property Law Consultant)     10 May 2012

I Meant I DO NOT KNOW ABOUT service tax implications.......


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