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Single Aggreement for Two Adjacent flat to sale only one flat.
23-Sep-2023 (In Property Law)
I have come across flat for sale. The seller has two 2bhk and 3bhk adjacent flat with two seperate share certificate but with single aggreement for both flats with OC of redeveloped CHS biilding in mumbai
Can i buy 3 bhk flat from this option and documents required to taken from seller for buyer (bank loan) as it has both flat no. in single sale deed.
Will it be legally right to buy only one flat ??
This is my response to you:
1. This is actually not right, legally speaking;
2. Because if you intend to purchase the 3BHK flat then the title to it is not clear;
3. The title of both the flats cannot be in one agreement;
4. Also, the OC cannot be common;
5. You will never be able to earn the title to just one flat and therefore you cannot be the rightful owner;
6. However if there is some clause in the first sale deed to demarcate the boundaries and dimensions of both the flats then maybe you can purchase;
7. The documents in your favour are the separate share certificates;
8. Consult a local lawyer, let him/her vet your documents and then take the purchase forward.
1. This is actually not right, legally speaking;
2. Because if you intend to purchase the 3BHK flat then the title to it is not clear;
3. The title of both the flats cannot be in one agreement;
4. Also, the OC cannot be common;
5. You will never be able to earn the title to just one flat and therefore you cannot be the rightful owner;
6. However if there is some clause in the first sale deed to demarcate the boundaries and dimensions of both the flats then maybe you can purchase;
7. The documents in your favour are the separate share certificates;
8. Consult a local lawyer, let him/her vet your documents and then take the purchase forward.
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Adv. Gowaal Padavi
Mumbai | 500+ Answers
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