Purchaseof resale flat
3 years ago
Hi, I am leaving in rented flat and as my owner is selling the flat , I have planned to buy this.
While going through documents following observations are there.
There were previous 4 owners A,B,C,D.
1. A purchased the flat from builder via registered agreement of sale, allotment letter was given by builder to A. But Payment receipt of only part payment is available, no sale deed is there.
2. B Purchased flat from A by registered part agreement for resale, part payment receipt is there but full and final payment receipt is not there, and also no sale deed done.
3. C Purchased from B via Registered sale agreement and Registered Sale deed(No loan).
4. D Purchased from C via Registered Sale deed(No loan).
Now the question is between B & A only part registered agreement is there and no sale deed and also no receipt of full and final payment available and both B & A are saying that it is not available with them and also they have not made any Sale deed only part agreement is available.
So should I buy this Property ? Any issues to me in future.
Can there be problem if I want to sale the flat in future.
1) Your question has an ambiguity ….. Your Q-1 it is stating that via registered agreement of sale and allotment letter by Builder and again you're telling no sale deed is there in point number 1...
2) Again the same thing you are saying in the point number 2 … B purchased from A by registered agreement for resale and again you are saying no sale deed done...
3) From Q number 3 .. C purchase from B via registered sale agreement and NO LOAN and D purchase from C,.. NO LOAN …….how did you come to know there was NO LOAN on the property. There can be Loan & they must NOT have told you.
4) The few documents to be verified before purchasing of the flat are herein mentioned below….. but then too keep the final decision to the property lawyer like us with in-depth knowledge of these documents.
5) Herein mentioned below are Documents List as physical reading of the documents is a must see before giving any token amount to the owner.
A) RESALE FLATS/SHOPS
1) Registered Sale agreement of the flat/ Shop/ Property OR Chain of all the Sale agreements having copy of INDEX-2, with all Stamp duty & registration receipts of all agreements.
2) Commencement Certificate/ Occupancy Certificate of the bldg. & Builder Architecture Blue print floor plan approved by Municipal Corporation or any Government body like CIDCO, TPA etc.
3) BMC Assessment receipt for latest 3 months &Property card.
4) NOC from the building for loan from financial institutions/ Banks
5) Front & Back Xerox of Share certificates & Society registration certificate
6) Stamp duty & registration latest receipt of the PURCHASED flat/property , Details of Down payment receipt for flat/shop required by own cheque
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ADV. ANISH PALKAR (High Court)
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