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Property on resale and also not registered what is the risk involved


23-Mar-2023 (In Property Law)

I have selected a 1 BHK property in Gaursons Greater Noida West which is on resale. The original owner has sold the property to a 3rd party who has paid him a part of the total sale amount through a sale deed on a 50 rupees stamp paper. This property is not registered yet since the possession is due in a month. The broker involved assures that the final sale would happen between the real owner and myself by way of 'Registered sale agreement ' in court and the 3rd party as such shall not have any role to play in this transaction. what is the risk involved and what documentation should I seek ?

Answers (2)

Answer #1
577 votes
Dear Sir,
As it is a builder constructed property our are required to enter into a tripartite agreement (between builder/first owner and you) the contract should clearly state that the builder has no objection of the first owner selling the property to you. secondly there should be no objection on the part of the bank from whom the first owner has taken loan.

For any clarification please feel free to contact the undersigned.
Wish you a very happy holi..
Regards,
Pragya Wazir
Answer #2
623 votes
..The correct procedure is - you need to pay money to the person whose name is mentioned in the latest builder buyer agreement , the copy of the same should be checked with the builder's office and once you are sure that the allotment is in name of person from whom you are buying then only you should pay to the person. Once you buy you need to apply for transfer of the flat to you name in the builders record and the new builder buyer agreement will be executed, the registry will happen only in name of the person mentioned in the builder buyer agreement.

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