Issue getting Apartment Deed

Q: Hello,
I have property in Resale in June 2014, I have done Agreement to sale and Transfer Deed with previous owner. Now since builder started issuing Apartment Deed- I asked for the same to which builder said that Registrar office is not accepting Tri Party Apartment Deed now a days and Builder can not directly issue Apartment Deed with me without involving the first owner..

Please advise with solution- is it mandatory to have Apart. Deed ?

Skand Patidar, Apartment Resident, Pune

5th January 2016

Legal in Pune

sale deed

apartment deed

difference between sale and apartment deed

issue getting apartment deed

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Replies (3)

Thanks for your reply.The matter was resolved last year and Deed was executed between myself and Builder and previous owner -as consenting party , All other issue were also resolved..after getting the deed

Skand Patidar, Apartment Resident, Pune

16th September 2018

Comment

Hi Skand,
You should not go for Apartment deed as it comes with a sugar coating that buyer can sell the apartment without society/builder NOC , but the catch is builder may remain a stakeholder even after project completion . So why give him that right and repent later ?

Hamsika Iyer, Pune

11th January 2016

Comment

Yes, Hamishka,
In an apartment deed, the builder retains the ownership of the open spaces which are not included in the saleable are. Example - Terrace, or any open parking/stairs space which is not included in the saleable area. But incase of Society, the builder cannot retain any right on any of these areas and has to hand over everything to the society.

Rishi Dev,

11th January 2016

Hi Skand,
Sale deed is made for sale/purchase of land or any premises constructed on land. Whereas, an Apartment Deed or agreement entered into for sale/purchase of apartment. I suggest you see a lawyer if things have become tricky at your end.

Saurav Mishra, Pune

11th January 2016

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