Legal Question in Real Estate Law in India

we have made development agreement with builder and building is completed. transfer deed is not yet taken place.whether we can sale this property to third party?


Asked on 5/15/12, 5:08 am

4 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

15.05.2012

Dear Sir / Madam,

If it an existing Society which has only given development rights to a Developer / Builder, there is no question of transfer of the property - it belongs to the Owner of the Land / Society. You are free to sell your flat to anybody you wish to through an Agreement for Sale.

In case of development of Property on virgin non-agricultural land, it is ideal to first get the property transferred from the Developer / Builder in the name of the Society and you get the Share Certificate for your ownership of the flat, and then go ahead with the sale.

There is nothing which prevents you from transfer of the land with the development rights from your name to a third party, unless the development agreement mentions otherwise.

You can mail me for any further on-line legal advice at [email protected]

Regards,

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Answered on 5/15/12, 5:16 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

with the permission of builder.

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Answered on 5/15/12, 10:41 am
Sanjay Kalra Sanjay Kalra & Associates

Yes.

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Answered on 5/16/12, 7:27 pm
Shrichand Nahar S.V.Nahar, Advocate

May be.

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Answered on 7/17/12, 11:27 pm


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