Resale and not registered property

5 years ago

I am planning to buy a resale property which is not yet registered. Initially the property was bought at wife's name. After sometimes she passed away.. And got it renamed to his daughter. As it was under construction buyer just informed the builder about the new owner as his daughter and got it changed with the Whitner and made the correction on construction and sale agreement.. Which builder has consented. Is this legal? Does her siblings also have rights to the property?

Builder has given the possession letter and statement of accounts on the daughters name. Is this legally valid?

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Ansari Solicitor Firm

Responded 5 years ago

A.In such case you can directly get the registered sale deed from the builder. However you have to take following precautions:
1. Take all originals from the seller, like payment receipts, sale agreement, possession receipts etc.
2. while executing the sale deed, make sure that you keep the seller (all family members) as confirming / consenting party to the sale deed which you executing.
3. Further you can also get affidavit of all subligs stating that they dont have any claim now remained in the property and they have handed over all original to the buyer and they dont have any original papers with them.

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NILANJAN CHATTERJEE

Responded 5 years ago

A.fix up a meeting between yourself, builder, the seller. Ask the seller if it is his self acquired property to take consent from his/her daughter in whose name the property is at present. Then ask the builder to recreate new document and remove the name of the seller from his books. Settle the payment terms.

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Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,
Get consent signatures of siblings of vendor to avoid future complications.

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Ambrose Leo

Responded 5 years ago

A.No.Not legal,Only duly Registered without any encumbrances and endorsement effected in the land records have legal rights and have right to sell or dispose pass on as per the wishes and enjoyment of the rightful owner.

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Neha Arora

Replied 5 years ago

This project is called prestige tranquility and in their books daughter name is updated as buyer.

So u mean. Even her siblings has right to the property.

If I want to buy this property what should I do or ask documents from the seller.

Ambrose Leo

Replied 5 years ago

Any change in document to be duly registered.No whitener or corrections allowed in legal documents & Courts in dispute.Better to engage a Property lawyer to verify & ensure quickly.

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