Buying a property from third party

Q: Hi, I am buying a house from 3rd party. And the history is like that the builder sold the property to party-1 on the basis of nomination agreement. The 1st party has not done registration. Then the 1st party sold the flat to 2nd party with another nomination agreement, where the Builder is the confirming party. And the nomination agreement prepared by builder it self.
Now I am buying the flat from the 2nd party but I am want to do it being registered in my name. Nomination is done in my name from 2nd party, where the builder again is conforming party. As the respective flat is not being registered by any prior parties, now while I am going for registration the builder advocate is telling there is a need of 1st party's presence or the Power Of Attorney from him. But the first party is not responding or replying though has communicated. Can this property will not be register ever or what is the other way out....please advice

Hiran Gupta, Kolkata

15th June 2016

Legal in Kolkata

property registration

tripartite agreement

buying properties from 3rd party

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Replies (4)

Thanks to all gentlemen....
I have done registration with builder directly, just by passing the 1st and 2nd owner but being mentioned their details in the deed. The loann amount paid diretcly to the seller directly as being mentioned in the deed from whom i am buying. So everything done smoothly.

Hiran Gupta, Kolkata

15th June 2016

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Hi Hiran,
I agree with Mr. Kesto Naru. I think the first/original owner is completely out of the picture now , having sold the property to the second owner . Now a tripartie should be executed between you , the promoter and the second/current owner. You should stick your ground and take advise from your own lawyer .

Ishwar Barua, Kolkata

15th June 2016

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After going through your query, i got 3 main points here i.e. 1) No one has registration in the flat earlier, so no proof, 2) No one has the flat in their name currently and, 3) You are the final buyer of the flat and you have related agreement, nomination documents from last seller (2nd party) of the flat.

You do not need to talk with other now. Prepare for the registration in your name, for safe side just send a written notice letter to builder, 1st and 2nd party via your advocate. If they have any opposition/ concern please respond by 1 month with proof of concern. After 1 month do the registration if no respond from them.

Kesto Naru, Kolkata

15th June 2016

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