Legal Question in Real Estate Law in India

Purchase of Apartment

I am planning to buy an apartment in bangalore from a builder.

The bulder is a partnership firm who has got the land property from one of the partners as his share of contribution towards the capital for the partnership firm. Transfer of Khata to the Partnership Firm has not been done. Many previous buyers have purchased apartments and the sale deed is signed by the authorised partner of the said firm. I wish to buy an apartment from the firm ,and the registration deed will again be signed by the authorised signatory, on behalf of the firm.This signatory is not the partner who brought in his share of capital towards the partnership firm in the form of the landed property. Can this sale be valid? Do I get title to the undivided share in the property? What should I do to render this sale deed foolproof?


Asked on 1/11/09, 11:15 am

4 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

Re: Purchase of Apartment

dear querist,

this transaction of sale deed is valid. as far the authorized signatories is concerned, i am of the opinion that you may get the papers of the property/ land reviewed by a local lawyer and then proceed.

in case of need, please contact personally along with the details.

professional charges are applicable.

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Answered on 1/13/09, 3:29 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Purchase of Apartment

It may not be proper to record an opinion based upon facts stated by you.

You may consider engaging a local counsel for 'title verification' of the property and show him/her your documents before proceeding to transfer any consideration amount.

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Answered on 1/12/09, 1:16 am

Re: Purchase of Apartment

Get a title search done by a legal professional. Exact solution cannot be given unless the documents are scruninised.

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Answered on 1/12/09, 3:54 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Purchase of Apartment

Consider doing a tripartite deed between the owner, firm and you.

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Answered on 1/12/09, 4:45 am


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