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Is it necessary to clear the title before selling the property


11-Jan-2023 (In Property Law)
Dear Sir, I have purchased a flat in Bangalore from the builder in 2004 and have been living in that flat since then. Flat was taken under loan from Standard Chartered Bank. Recently I noticed that, the sale agreement between me and the builder was not registered but, sale deed was registered properly and full stamp duty was paid. However, joint development agreement between the builder and the landlord was not registered. Builder was the GPA holder for the landlord at the time of sale registration of the property but, the GPA was not registered. The landlord purchased the land in 2003 through registered sale deed but, the previous landlord received the parcel of the land through a case settlement in Bangalore Civil Court and the court order was not registered at the revenue office. My question is that, if I want to sell the flat now, do I have clear title to do it ? If not, your advise will be very helpful. Thanks in advance for your help.
Answers (3)

Answer #1
549 votes
See here, before purchasing any property especially land or flat is very essential to get legal opinion. If you are selling the same flat , purchaser is going to get legal opinion in same flat, obviously title has to clear otherwise no one will get property. In Bengaluru every body is facing same problems. Consult and get relief.
Answer #2
548 votes
Sir,

Without seeing the legal papers relating to your flat, it will difficult to judge or come to any opinion, have a face to face meeting with advocate near your area or get in touch. After proper examination a proper advice can be given
Answer #3
720 votes
1st point is your agreement was not registered its fine because your sale deed was registered so your sale agreement will come to end once you register your sale deed. The 2nd point about GPA, we have to see your sale deed either the landlord also signed in your sale deed are not, if yes. then no worries, 3rd point we have to see the court orders wither court directly given orders saying that so and so land belongs to so and so person then registration could not be required.

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