Will the property title be transferred in the buyer’s name if the flats are sold on notarized stamp paper without any registration?
Question asked by Ms. Aarti Prajapati from India:
Respected Madam, we have a flat in a cheap society having neither NA nor NOC. Association/management asks for Rs.15000 on a transfer of a flat. Flats are sold on notarized stamp paper without any registration. How can we avoid the Rs.15000 and still can transfer/sell our flat to someone?
Thanks a lot
Aarti Prajapati
Veena Answers:
We are of the view that on account of flats being sold on notarized documents, there is no question of title in your favor. This is because as per the provisions of the Indian Registration Act, any transfer of immovable property shall be by way of a registered document. As a consequence, when you do not possess ownership, you cannot sell the flat in favor of anyone.
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