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Author Topic: How to Get a Registration Done In Case of Buying a Property From Third Party?  (Read 487 times)

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Offline ashutosh.tripathy10

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I am buying a house from 3rd party. The history is like:
Builder sold the property to party 1 on the basis of nomination aggrement. the 1st party has not done registration.

Then the 1st party sold the flat to 2nd party with another nomination aggrement , where the Builder is the confirming party. And the nomination agreement prepared by builder it self.

Now I am buying the flat from the 2nd party but I am willing to do it being registered in my name. Nomiantion is done in my name from 2nd part, where the builder again is conforming party.

As the respective flat is not being registered by any prior parties, Now while I am going for registation the Builder advocate is telling there is need of 1st party's presence or the POA from him. But the first party is not responding or replying though has communicated several times(No reply to mail also).

Transaction for property sale:

Builder to first party: 18,50,000Rs on 2008
First party to 2nd Part 21,00,000Rs on 2013
2nd party to me the 3rd party: 29,00,000Rs on 2015

Can this property will not be register ever or what is the other way out/process for registration....plz advice

Offline adv.amarnath

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Considering your statements and situations to be true and genuine, I would like to say that once I had solved same problem to my client which you are now facing.

You have to make a Deed of Conveyance between your Builder and you where all the erstwhile buyers i.e. 1st and 2nd buyer, are necessarily required to be added as Confirming Party. In the Deed of Conveyance, the details of purchase by the confirming party  must be elaborately mention. Further it must be positively mentioned that the erstwhile buyers are no more right, title, interest, claim.......in respect of the said property.

If any one of the confirming party refuse to do so then on that event you to file a case for specific performance of contract and permanent injunction before civil court against the builder, 1 and 2nd buyer.
if you need further assistance then you can call me or email me
« Last Edit: August 22, 2015, 12:08:14 AM by adv.amarnath »
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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