LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

I have ex­e­cuted an agree­ment to sell with a builder for pur­chase of an apart­ment in a multi-storeyed tower in Ghazi­abad. Is it manda­tory to reg­is­ter this doc­u­ment?

—Akash Agar­wal As per the Reg­is­tra­tion Act, 1908 as ap­pli­ca­ble in the state of Ut­tar Pradesh, an agree­ment to sell is com­pul­so­rily reg­is­tra­ble with the of­fice of sub-regis­trar in whose ju­ris­dic­tion the unit is lo­cated. Ad­e­quate stamp duty needs to be paid. I have booked an apart­ment in a group hous­ing project in Noida. I along with other mem­bers want to ob­tain copies of the ti­tle doc­u­ments of the land on which the project is be­ing de­vel­oped. We re­quested the builder to pro­vide the doc­u­ments but he hasn’t com­plied. What re­course do we have?

— Mithilesh Gaik­wad As per the UP Apart­ment Own­er­ship Act, the builder is obliged to pro­vide you with copies of ti­tle doc­u­ments of the land and other project re­lated doc­u­ments. So, you can ask the de­vel­oper to pro­vide all the ti­tle doc­u­ments. You can also file a RTI ap­pli­ca­tion with the Noida au­thor­ity for ob­tain­ing copies of the ti­tle doc­u­ments/lease deed in

favour of the de­vel­oper. I am buy­ing a flat from a friend in Delhi and am cur­rently oc­cu­pied with the pur­chase formalities. Although the flat is regis­tered ex­clu­sively in my friend’s name, some pay­ment was made by his brother at the time when he pur­chased it. Now if I buy this flat from my friend, can his brother/ brother’s le­gal heirs raise any claim in the fu­ture?

—An­shu Kalra If the flat is regis­tered ex­clu­sively in your friend’s name as its sole owner and his brother had ex­tended some loan to help him pur­chase the prop­erty, nei­ther the brother nor brother’s heirs shall have any ti­tle, right or in­ter­est in the flat. If the regis­trar’s records do not re­flect the brother as be­ing a joint owner, he/his heirs can­not claim own­er­ship of the flat, de­spite the fact that the brother made some pay­ment. The au­thor is a se­nior part­ner at Zeus Law, a cor­po­rate com­mer­cial law firm. One of its ar­eas of spe­cial­i­sa­tions is real es­tate trans­ac­tional and lit­i­ga­tion work. If you have any queries, email us at ht­es­tates@hin­dus­tan­times.com or ht@zeus.firm.in

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