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Deccan Herald » DH Realty » Detailed Story
Legal Angle
Tripartite agreement for resale

Dear Madam,
Two years back, my friend and I entered into a sale agreement for a house in Jal Vayu Vihar/Kammanakalli. Last week I called my friend and asked him make the arrangements for house registration. I was given to understand that house registration is temporarily “banned”. When is it likely to re-start?
Naveen

Dear Naveen,
Registrations of non converted sites are presently not being done. If the property can be regularised under Sakrama scheme, then it will be possible to register it. Otherwise the ban will continue.

Dear Madam,
Is there any site which will list valid registered flats in Bhandup. I am planning to buy a flat in Bhandup and register it within 2-5 days. How do I make sure that the same flat is not registered under a different name?
Anonymous

Dear anonymous,
Registered properties are not listed in any website. You should get the up-to-date Encumbrance certificates and check the chain of registrations that have happened. Once you have determined that the last owner is the one you are dealing with, you can proceed with the sale, subject to good title.

Dear Madam,
I am planning to buy an apartment in a resale. It is under construction and flats are not available from the developer. The seller has a sale agreement and a construction agreement with this reputed developer. The seller is selling it to me at a premium price. Once the seller pays a transfer fee to the developer, the developer is ready to give an assignment agreement in my name. What is an assignment agreement? What kind of an agreement do I have to enter with the Seller? In which agreement do I show the whole price (adding premium to the basic price) so that I can approach the banks for a maximum possible home loan?
Varma

Dear Varma,
A tripartite agreement can be entered into, called the Assignment agreement, whereby the first agreement holder agrees to assign his right of purchase to you. The builder also signs this agreement consenting to the same.

The full amount can be shown in this agreement, split up into two — the amounts due to the builder and that, due to the purchaser, both towards premium and towards reimbursement of the advance he has already paid.

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