Purchased a flat registration not done can I sell that flat

564 votes

Dear Mr./Mrs.
First of all you have not purchased the particular flat, but you have entered into an agreement of sale with the owner/builder. If your agreement of sale has nomination clause/ clause with narration of sale deed may be executed in favour of third person/s, the owner/builder can execute sale deed in favour of prospective purchaser and you becoming a confirming party in the said sale deed. The sale deed should specifically record the agreement of sale, your payments and re-payment/adjustment by prospective purchaser to the land owner/builder.

Advocate Narendrababu K C LawRato

512 votes

if your sale agreement provides for the assignment of your interest in the property in favour of a third party then you can do so with the consent of your builder as well. Normally the assignment will be given after the builder gives his consent on payment of certain amount for the process. You can transfer your right in favour of a third party by executing an Assignment Deed.

Advocate Kiran N Murthy LawRato

780 votes

Dear Sir/Madam, you can not sell the said flat without registration on your name. First of all you have no legal right over the said flat as per Transfer of Property Act, to sell the property. You have to done one thing that, you have to convince the builder at the time of registration of the said flat, it will registered in the new buyer, in between to execute the MOU between you and new buyer for the same.

Advocate Chandrashekhar Vithal Jadhav LawRato

137 votes

The Transfer of Property Rights Act prohibits the sale of property without registration. The Registration Act of 1908 stipulates in Section 17 that all documents relating to immovable properties must be registered.

Advocate Chikirsha Mohanty LawRato