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Purchase of Flat which is ready for development agreement signing


19-Nov-2023 (In Property Law)
Hi, I have purchased a flat from one of the seller of a building which is undergoing the development agreement. All the exciting tenants have signed the development agreement but for 7. My seller is also a part of the 7 who are yet to sign the development agreement. The development Agreement is already presented for registration at the registrar's office with my sellers name. He is being invited to sign the same document which is already been sign and executed by others. The current stage of the document is admission pending since 7 clients are yet to sign and execute the DA at the registrar's office. My seller is not signing it since he has sold the flat to me. Now my name does not feature in the DA which has the sellers name and has been presented for registration at the registrar's office. I want to know whether the builder can incorporate my name in the DA? Or even if the seller signs the DA, can the Permeant alternate accomodation agreement be signed by me. Since the develop
Answers (1)

Answer #1
907 votes
As per your query

Since your predecessor has not signed the Agreement his transaction is incomplete and hence not a complete owner of the said flat. In the circumstance he needs to clear his title on the said flat by registering his document first, then only the title of the said (sold flat) can pass upon you. After the agreement is registered in his name he can execute an Agreement in your favour. You also need to take a Power of Attorney from your predecessor to transferring MSEB, Property Tax in your name.


If your predecessor executes a Power of Attorney in your favor for executing and registering his document that can also help you.

Regards

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