I am second owner of a flat. I had purchased this flat from first owner in the year 2001. Since we had not taken any bank loan at the time of purchase, we did not notice the absence of registration of agreement between first owner and the builder. First owner has paid stamp duty but has not registered the agreement (Year-1990). I have registered the agreement with first owner and paid stamp duty in 2001. Now I wish to sell the flat. I am concerned that I would have difficulty in selling the flat and the new owner will not be able to avail home loan since the first agreement is not registered. I do not have any contact with the first owner. Kindly provide a solution for this problem. Can I sell the flat?
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1. When your purchased the flat the first owner did not have perfect title and hence your purchase became defective.
2.However since it was your sale agreement only and no deed of conveyance is registered as yet you cna perfect the title by adding the builder as confirming party to your deed.
3. or otherwise the first owner will be required to first get his deed of conveyance registered and then made the sale deed with you.
your title is not clear and marketable
2) approach the builder to execute deed of confirmation in favour of the original purchaser
3) sale deed can be enclosed to the deed of confirmation
4) you can then sell your flat
If there is no registered sale deed document with your vendor, then how could you get the property registered in your name at the time purchasing it?
You have to locate the vendor and request him to get his sale deed registered o the basis of the stamp duty paid by him, if he refuses then you may file a suit to declare the title of property on your name on the basis of registered sale deed document in yor possession, this will confer the marketable title on your name.
