Legal Question in Real Estate Law in India

1}I bought a flat in Pune, builder has done only the agreement to sale with me, sale deed is still pending from last 3 yrs, reason is all the flat owners has not paid their outstanding dues, therefore he has not registered the Housing society, now that i have to sell my flat, is it possible to do the sale deed between the buyer and myself, as there is no sale deed between me and the builder.

2}I also have a bank loan on this flat. Can I sell the flat with the remaining loan amount to another person, please advice.

Asked on 5/06/13, 6:08 am

2 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP


Dear Sir / Madam,

1. The Agreement for Sale duly registered is enough. It is all the flat owners in the building who should come together and register the Housing Society and get the land conveyed by the builder to the Society. The Agreement for Sale is itself the sale deed.

2. You will require the bank's permission to sell the flat to a third party.


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Answered on 5/06/13, 6:21 am

Shrichand Nahar S.V.Nahar, Advocate

1. No sale deed possible. You may opt for an assignment.

2. If Bank is ready for such transfer, then you may.

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Answered on 5/06/13, 11:03 pm

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