SALE DEED Query for APARTMENT

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Deal Subedar
kool

Hi,

I am party “C” and buying 20-year-old 3BHK flat from party “B” , and he has bought from  “A” (i.e Builder passed away). A has given all the papers to B like, possession letter, agreement to sale etc,but no registration, at present B’s name on the property like on Electricity, and Municipality.


Now what documents and papers Do I need from previous owner “B” to stay in future without any problem? In this apartment, everyone is living with an “agreement to sale” as proof of ownership of flat.

Location – PATNA, BIHAR 


Kindly help me.

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Deal Newbie Deal Newbie
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I think you have to mention the location since there are different rules everywhere. Is this in Mumbai? Is it worth to go for 20 year old flat because of the maintenance headache/cost and any future resale troubles? Who owns the land in Government records (A?)

Deal Lieutenant Deal Lieutenant
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Not recommended to buy a 20 year old apartment until and unless it is maintained by some reputed group like tata.

usually builders register their business as companies. is there no one from group A that can come ahead and do the registration to B (B wont pay for it now) and then B transfers it to you?again you will have to pay transfer and re registration charges

if u want peace of mind then dont buy a property which is not registered in your name.

otherwise remember this song

Deal Subedar Deal Subedar
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dcb_lover wrote:

I think you have to mention the location since there are different rules everywhere. Is this in Mumbai? Is it worth to go for 20 year old flat because of the maintenance headache/cost and any future resale troubles? Who owns the land in Government records (A?)

Patna, 

Actually, I am staying with my family in this flat for 20 years by paying monthly rent. And this is in a prime location, already paid 80% money last year, I will give rest 20% after getting all papers. 

Till now he has given me

1- Agreement to sale, B to C 
2- A to B agreement to sale papers, money receipt

Deal Subedar Deal Subedar
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kukdookoo wrote:

Not recommended to buy a 20 year old apartment until and unless it is maintained by some reputed group like tata.

usually builders register their business as companies. is there no one from group A that can come ahead and do the registration to B (B wont pay for it now) and then B transfers it to you?again you will have to pay transfer and re registration charges

if u want peace of mind then dont buy a property which is not registered in your name.

otherwise remember this song

registration fees are so high, as C has to pay to B, then B has to pay to A (their family). Total Rs.8 lakh only reg fees. 

Because of the 20-year-old flat, he is selling at Rs.11 lakh. and it’s well maintained. And here the new flat cost starts from Rs.70lakh in this location. 

Pro Entertainer Pro Entertainer
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kool wrote:

registration fees are so high, as C has to pay to B, then B has to pay to A (their family). Total Rs.8 lakh only reg fees. 

Because of the 20-year-old flat, he is selling at Rs.11 lakh. and it’s well maintained. And here the new flat cost starts from Rs.70lakh in this location. 

you yourself should be alarmed that he is willing to sell 70lakh property for 11 lakhs… sad

Deal Subedar Deal Subedar
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It’s a messy business here in Delhi. I always get my tenants registered before lending and you’re buying a property without registering!!!

Deal Lieutenant Deal Lieutenant
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kool wrote:

Patna, 

Actually, I am staying with my family in this flat for 20 years by paying monthly rent. And this is in a prime location, already paid 80% money last year, I will give rest 20% after getting all papers. 

Till now he has given me

1- Agreement to sale, B to C 
2- A to B agreement to sale papers, money receipt

If documents are registered , there should not be any problem.

Take affidavit before Magistrate of both A,B if possible .

If B gives you possession letter, it should be enuf.

as you say people living on agreement to sale, they must be selling on same.


Read Transfer of property act 1882.  just for knowledge

PS. Take good legal advice

Deal Lieutenant Deal Lieutenant
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kool wrote:

registration fees are so high, as C has to pay to B, then B has to pay to A (their family). Total Rs.8 lakh only reg fees. 

Because of the 20-year-old flat, he is selling at Rs.11 lakh. and it’s well maintained. And here the new flat cost starts from Rs.70lakh in this location. 

Power of attonery kaunsi ha? special ki general?
dekh 22 mujhe yaad ha ki aapki family me kya hua jaise aapne pichle saal yaha btaya tha, hum sab aapke saath ha par this flat will be a mistake. as u have already paid 80% of money so nothing can be done about it.involve a lawyer and maintain all paperwork.
it will not be 8lacs, when b passes it to you there will be again a fee.

Deal Newbie Deal Newbie
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kool wrote:

Patna, 

Actually, I am staying with my family in this flat for 20 years by paying monthly rent. And this is in a prime location, already paid 80% money last year, I will give rest 20% after getting all papers. 

Till now he has given me

1- Agreement to sale, B to C 
2- A to B agreement to sale papers, money receipt

Ok since you have already paid majority now best is to protect yourself. There must be some sort of Resident Welfare Association or co-operative society in the apartment. Make sure B gives letter to them telling that you are the new owner. Also make sure to change electricity bill/ property tax/municipality / govt records to your name. Don’t make the remaining payment till all these are sorted since it will require him also to co-operate with documents, visits to offices etc.

I am not lawyer but since you are continuously residing for more than 20 years, do you by default get to own the property if you are able to prove it??

 https://lawrato.com/property-legal-advice/resid...

https://timesofindia.indiatimes.com/india/owner...

Tech Guru Tech Guru
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@Mayavi do you know any dimer who is experienced in property law stuff ?

Analyst Analyst
Moderator
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Total_Fun wrote:

@Mayavi do you know any dimer who is experienced in property law stuff ?

No😬

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