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Question ID : 44345


M/S XYZ Pvt ltd ( the last purchaser) wants to sell Residential property . However they have following query. Background 1.M/s ABC Pvt Ltd has developed the property. 2.M/s ABC Pvt Ltd allotted 35% area to Mr. B. 3.Mr. B has sold flat to Mr.C 4.Mr. C sold to flat to M/s XYZ Pvt ltd M/s XYZ Pvt ltd is last purchaser and it intends to sell the property. Here agreement mentioned at point number 2 (i.e. between .M/s ABC Pvt ltd and Mr.B ) and point number 3 ( i.e. Mr.B and Mr.C ) ---These 2 agreements are not registered at sub registrar office and stamp duty not paid at all and hence not available. Only last Agreement is available i.e. between Mr. C to M/s XYZ Pvt ltd. Kindly guide what is the consequences for future purchaser . Thank you in advance

Posted by samirkumar gokulbhai kasvala on Aug 19, 2022

Filed Under MISC.

Answer ID : 83641

There should be chain of documents in place and all the exchanges made prior to sale of the property by Mr C to XYZ Limited. In absence of those registered documents it cannot be established that how Mr C Became the owner of the property and acquired the right of sale to XYZ Pvt Limited. In summary it is a million dollar question that how the Mr C is eligible to sale the property?? and there is no answer of this question.

Posted by CA. JHA SHANKAR KUMAR on Aug 20, 2022