Wait till they get the index 2 .
no harm in waiting for some time
you can enter into agreement for sale make some nominal payments and balance amount would be after they get index 2 and execute registered sale deed in your favour
Resale Property but seller doesnt have the Index II
Im in process of purchasing a resale flat, the seller has all the original documents as below 1) Registered Sale Agreement (Builder and the Seller) 2) Society NOC 3) Property Tax Paid Assessment (Society) 4) No Lien Letter from HDFC (a old loan they had taken which has been paid) The only missing document is the Index II , they say they have started the process of getting the index II, but their agent says we can proceed by paying the stamp duty and other formalities and prepare the demand draft etc.. and even if they do not get the Index II.. the new Index II will be on my name.. should I wait till they get the Index II?
Asked 2 years ago in Property Law
Religion: Christian
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
5 Answers
The registered sale deed executed by the builder to the seller is a vital document and not the sale agreement.
You first of all obtain that document and after that you produce the papers before an advocate in the local who will ascertain the facts and in case of necessity he may call for additional documents and after proper scrutiny he may recommend,hence you may proceed only if recommended
Dear client,
Making sure all the paperwork is in place is essential when buying a resale apartment in India. Given that the Index II is an essential property document that reflects property ownership and transactions, its absence may be cause for concern. As per the Registration Act's Section 22A, establishing ownership requires the Index II. Even though the seller is confident that they will get a new Index II in your name, you should proceed with care. It is advised that you postpone paying stamp duty and other formalities until you obtain the entire set of paperwork, including the Index II. Ignoring this crucial paperwork could result in future legal issues. Before completing the real estate purchase, demand to see the entire set of paperwork to safeguard your interests.
Hope this helps you.
- Index II is an important document , as it has the proof of ownership & registration.
- If this is missing then you can get the certified copy from the office of the registrar , and even can apply online for getting the same.
It’s better you do it after you get copy of the same it’s safer
