Hi, i developed a property on my land and sold a flat to person and took 80 % of the total consideration. I developed that whole property by applying for BRS (building regularisation scheme) and paid the deposit amount before starting construction. The project got complete but i dint get any permission for the construction as that BRS was stayed by the court. Recently the state government stopped all registrations for the properties which doesn't have permission from concerned municipalities. Now the person whom i sold the flat wants registration done and he has already taken possession of flat. Now my question is that is there any other way i can transfer him the flat as registration is not an option as it doesn't got required permission yet. Thank you
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You need registered sale deed to confer clear and marketable title to property
2) if you are not able to register sale deed in favour of buyer execute POA in favour of buyer
3) POA has to be registered and would attract high stamp duty as buyer is not your relative
No other way than sale deed.
Regards
G.Rajaganapathy
High Court of Madras
- The Supreme Court in the case of Suraj Lamp & Industries Pvt. Ltd. Vs State Of Haryana held , that sale transactions carried in the name of general power of attorney will have no legal sanctity and immovable property can be sold or transferred only through registered deeds.
- Further , transactions of the nature of GPA sales or SA/ GPA/ WILL transfers’ do not convey title and do not amount to transfer nor can they be recognised or valid mode of transfer of immovable property.
- Hence , if you will adopt any other way , then the title of the said flats will not transfer legally.
- However, you can enter into an agreement/MOU /declaration with the buyer , after narrating that , you will transfer the property in their respective names , once permission will be given by the competent authority.
Dear Sir/Madam,
You can go for the GPA, SPA and other things related to the property, till the time registration is not permitted.
Legal way to change the ownership is registration. You can do mutation also to change the name only
The transfer of immovable property by an unregistered deed is invalid I law and it cannot be enforced in court of law.
Since you have already delivered possession, you may either enter into a an unregistered sale agreement or a lease agreement till the estimated time period within which you expect the reopening of registration may happen.
You can go for registration but unless the BRC is regularised he will not get clear title.
can i execute a notarised sale deed for time being and sell it, also if i go for GPA will the registrar agree to get it registered in this scenario as permission has not been granted to construct flats by concerned authority and state government has also halted such registrations?can i get cash/cheque consideration taken from buyer mentioned in any of the above two documents?
You can execute notarised agreement for sale
POA would not be registered
You can mention that consideration has been received by you
Without a registered document any transaction made towards immovable property is in invalid in law.
Since the purchaser has been delivered possession you may convince him about this and ask him to wait until the government is reopening the registration process once again.
Dear sir/ma'am,
for the selling of buildings, BRS approval is necessary, however, if you want to transfer the property other than registration, you can make a sale deed or stamp duty, however, it may lead you in legal trouble in future. you require to contact the local law advisor who will be best suited to resole the issue.
- A notarised sale deed is not having any value in case of property transfer .
- But, a sale agreement can be notarised conditionally with the details of payment received .