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Author Topic: Sale agreement problem while purchasing flat from landowner  (Read 347 times)

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Offline milindsharma1970

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I am about to purchase a flat in a completed project (completed 2 years ago) from the landowners share of flats,directly from the landowner.
The project is a joint development between the builder and the landowner and they have registered the Joint Development Agreement(JDA).

The JDA does not have the list of flats and allotment mentioned in it but only undivided share of land in percentage is mentioned.
The list of flats and allotment of flats is mentioned in another supplementary agreement which is unregistered.
I was given a draft copy of the sale agreement by the landowner in which the landowner is Vendor and builder is consenting party.
I showed this to my lawyer,who said that the builders name should be mentioned in the first/front page as part of the Vendor as the supplementary agreement is not registered.
The builders name is mentioned in the middle pages as consenting party and also states that they handover posession of the flat to the purchasers(me) at the direction of the Vendor.
Now when I contacted the landowner and mentioned this to him,his legal expert is saying that it does not matter if the builder's name is not on the first page as part of the Vendor.
He also mentioned that they have used this same format to sell other flats of the landowner and refused to change it.
But my lawyer is saying that it is important so that I dont face problems in future in case if I have to sell the flat.
My lawyer says that I can go ahead and purchase the flat at my own risk. Will it be a problem if I go ahead?

Offline kalaskarkk

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Re: Sale agreement problem while purchasing flat from landowner
« Reply #1 on: March 15, 2018, 01:05:39 AM »
Dear Sir,

I have already answered the above question in detail on some other platform please follow the same.

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
Call me for clarification

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