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Last Updated On 24-May-2018
Property

Resale and not registered property

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?

24-May-2018

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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.
Posted On 24-May-2018
Vidhikarya
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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.
Posted On 24-May-2018
Vidhikarya
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Dear Sir,
Get consent signatures of siblings of vendor to avoid future complications.
Posted On 24-May-2018
Kishan Dutt Kalaskar
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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.
Posted On 24-May-2018
Vidhikarya
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