Is it OK to buy flat from 2nd ownr when saledeed betn 1st ownr and builder lost? Is it OK to buy flat from 2nd ownr when saledeed betn 1st ownr and builder lost?

4 years ago

Is it safe to buy flat from 2nd owner when sale deed between 1st owner and builder is not available?
Process for acquiring duplicate Index II from office of registrars in name of 1st owner is in progress.

Available property docs

2nd owner deed of assignment/transfer
2nd owner Index II
Approved plan copy(xerox of blue print)
occupancy/completion certificate
commencement certificate
share certificate (indicates transfer to 2nd owner)
society maintenance receipt (in name of 2nd owner)
Latest electricity bill (in name of 2nd owner)
Latest property tax bill and receipt (in name of 2nd owner)
society registration certificate

Docs NOT available

Agreement for sale or sale deed between builder and 1st owner not available
Formal receipt of payment to builder by 1st owner not available.
Formal receipt of payment to 1st owner not available but mentioned in 2nd owner's deed of assignment.
Possession letter by builder to 1st owner not available.
Possession letter by 1st owner to 2nd owner not available.

Kishan Dutt Kalaskar

Responded 4 years ago

View All Answers
A.Dear Sir,
There will be no risk since the earlier transactions are evidenced by public records in Sub-Registrar office but you may not get loan from Bank.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 4 years ago

View All Answers
A.It is risky proposition as you may have to submit the original docs while going for mutation in your name. Many places they ask for the original OC/CC and other docs while doing mutation and for property tax. Better to seek advice from a local lawyer on this.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconNeighbour Water leakage
Dear Sir, How to File a Harassment Complaint Against a Neighbour Is Calling Police an Option? Yes, calling a police if your neighbor harasses you is an option to go with. You have the option to call t...
question iconNOC FROM OTHER FLOOR OWNERS
Dear Client, Whether you need a No Objection Certificate (NOC) from other floor owners before selling your floor in a building depends on local regulations and building bylaws. It's advisable to con...
question iconProperty dispute
Dear Client, A person who acquires a property through gift is considered his/her self-acquired property and the owner of the property has an unfettered right to dispose of the said property as per hi...
question iconProperty Dispute.
Dear Sir, You may file simple suit for partition and seek accounts of income received from such land and claim your share in liquidated mense profits.
question iconHouse owner ran away with heavy deposit amount
Dear sir, You may file a suit for permanent injunction praying not to evict without due course of law that is they cannot throw you out of the house without getting eviction order from court or follow...