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Old 09-06-2017, 03:44 AM   #1
anil seth
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anil seth's Flag is: India
Join Date: Dec 2016
Posts: 4
Default flat buyer agrrement

I (B) had purchased shop on resale from A in 1976. ( 2 ) A had executed

flat buyer agreement with builder dated 1973 and B agreed to abide by

the terms and conditions of the flat buyer’s agreement referred to above

and accept the rights and liabilities there under.

3.B purchased shop on resale from A in July 1976 and paid balance

10% payment to the builder.Builder approved the above.

4. In the above agreement dated 1973, its clause 6 stated that flat buyer

agreement will be executed in company standard form.

Clause 12 of the above flat buyer agreement dated 1973 states that- The

conveyance of the building will be executed in the name of of limited

company or body corporate/Co-operative society to be decided by the

Promoter ---------

The builder handed over possession to B with possession letter dated

1982 stating that the possession was given to B in dec 1978 & also stated

that B has paid him(builder) full consideration for the shop and the shop

is owned by B

I do not have flat buyer agreement. Now I think my matter will come
under sec 53A of T.P. act. I think sale deed cannot be made as it is DDA
lease hold property.

Now I want to approach the builder and ask him to sign the flat buyer
agreement which will have to be registered now.
(Registration act Sec.17,1A- The document containing contracts to transfer for consideration, any immovable property for the purpose of section 53A of the transfer of property Act 1882 shall be registered if they have been executed on or after the commencement of the registration act and other related laws (amendment)Act 2001)

1. From which period time will began to run (period of limitation) against
Me(B) for signing the purchase agreement with builder as I want to ask
the builder to sign the purchase agreement now.
5.Kindly inform under which article of limitation act/contract act it will
6.I may need shop buyer agreement for apartment deed and making it
freehold under Delhi apartment ownership act

4.You may refer to section 4 & 6 of The Delhi apartment ownership act.

5. I am in possession of my shop.
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Old 09-07-2017, 02:58 AM   #2
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Default Re: flat buyer agrrement

I wish to inform you that you may seek ownership of apartment on the ground that complete payment had been made by you and as per your agreement you are owner of premises. You may seek conveyance deed from builder and if he refuses then you may seek a declaratory order from court whereby you are declared as owner of premises and ownership is transferred into your name. If your flat is on lease hold land then you may seek conversion of lease hold into freehold by paying applicable charges of DDA.

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Old 09-08-2017, 05:38 AM   #3
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Default Re: flat buyer agrrement

Since you are in undisputed possession of the property you can demand the builder to execute a deed in your favour. Further the builder admits that he received all payments and you are in possession of the property from 1978, you will get the things done easily. It is good to seek a civil lawyer advice in this matter.
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