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praveen   02 May 2015

Resale - possession letter not given by builder to 1 buyer

Dear Sir 

We are recently under a process of buying a 2 year old property (Flat) from seller(1'th Buyer )in one of the prime condominium society. Buyer had lost the original deed but had all the legal formality done to get the certified Sale deed (FIR, Paper publish Notice, affedavit and ready for the indemnity Bond).

However seller has not received the possession certificate from the builder so far, Seller and their fellow condominium members who also not received the possession certificate however sale deed been executed between them and builders.

Based upon above situation after collecting below documents from seller have approached to one of the leading Bank (SBI) for the title search and loan processing

1. Registered Agreement to sale between Seller(1Buyer) and Builder.

2. Certified copy of sale deed between Builder and seller (1 buyer) along with FIR, Paper public notice (nation and local newspaper).affidavit and indemnity bond,

3. Allotment letter from builders.

4. NOC and no dues certificates from condominium society.

Based upon above documents SBI bank as done their title search and cleared it. Could you please let me know in case of absence of possession letter will it cause any trouble in future in case if I need to sale it.

 

 



Learning

 2 Replies

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     02 May 2015

If u have physical n legal possession., there should not be any problem

T. Kalaiselvan, Advocate (Advocate)     05 May 2015

The possession letter is as important as  the title document itself.  It is a commitment by the builder after completing the  construction and handed over the possession.  You may ask the society to approach the builder officially and get the same for your records.


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