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Clarification on transfer of property. What are my legal options ?
30-Apr-2023 (In Property Law)
I booked a flat in Virar west in mumbai, which still under construction. I make a transfer agreement with another person in Delhi, now he insisting me to register the property on my name first then transfer, and saying all expenses to be done by you. The second party make transaction in my account. Nuilder saying, amount to be transferred by second party to builder then he will transfer the flat, I also agree to second party to when builder refund the amount in my account, same day i will refund him. But he is forcing me to make registration and saying if u will not do then i will put case against u. Please advise what i can do in this regard.
Now if the period within which the registry has to be done in your name has passed and the builder has failed to do the same then you can send him a legal notice seeking refund of your payment and thereafter, file a complaint in the consumer forum for deficiency in services. Also, if you have entered into an agreement with the second party and if there is any clause mentioning the period within which the registration of property has to be done, then it will be governed by the said agreement and the second party can not enforce the same. Therefore, you can ask your builder to register the same in your name and thereafter you can transfer the registration in the name of the second party.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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