Hello,
I have purchased a flat from a builder in Thane. I have the following questions with regard to the documents they have given me.
1) Agreement is not initialled on every page by the developer. Their office persons say Director cant sign all pages he only signs imp pages. He has signed only 7 out of 50. We have initialled all pages.
2) On the last page where his photo and thumb impression are placed, director's name is not written. Only "Director" is written. On asking why no name is mentioned, they say they have many directors and they dont know who will sign so they dont print the name. But can it atleast not be written by hand?
3) On the last page of agreement, the names of witnesses are mentioned by hand. There are no signatures etc.
4) Document is already registered. Date given to us was 21stFeb. We went and signed it first. There the buider's person said the person who signs for the builder (representative) is on leave. so she has signed it at registrar's office only on 25th Feb. The document is given to us like this with 2 different dates, but the witnesses are the two same persons.
I am not sure if this is all correct. The builder's people say we have sold 100s of flats and we are making agreement like this only. Why you have problem with it ? No one else is raising any issue. Would anyone please comment on this? Am I being paranoid and is this really not an issue. Worried because it is my life savings going into this house. Thanks.
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  • get it verified with a good lawyer. i am sure you dont want to get amateur views on this forum. afaik you need to be present in the registration office. i do not know how the property has been registered in your absence.
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  • yeah I'm fairly sure they take your photo at the registrar office,not sure how this was done without you being present
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  • Originally Posted by aurobind
    Hello,
    I have purchased a flat from a builder in Thane. I have the following questions with regard to the documents they have given me.
    1) Agreement is not initialled on every page by the developer. Their office persons say Director cant sign all pages he only signs imp pages. He has signed only 7 out of 50. We have initialled all pages.
    2) On the last page where his photo and thumb impression are placed, director's name is not written. Only "Director" is written. On asking why no name is mentioned, they say they have many directors and they dont know who will sign so they dont print the name. But can it atleast not be written by hand?
    3) On the last page of agreement, the names of witnesses are mentioned by hand. There are no signatures etc.
    4) Document is already registered. Date given to us was 21stFeb. We went and signed it first. There the buider's person said the person who signs for the builder (representative) is on leave. so she has signed it at registrar's office only on 25th Feb. The document is given to us like this with 2 different dates, but the witnesses are the two same persons.
    I am not sure if this is all correct. The builder's people say we have sold 100s of flats and we are making agreement like this only. Why you have problem with it ? No one else is raising any issue. Would anyone please comment on this? Am I being paranoid and is this really not an issue. Worried because it is my life savings going into this house. Thanks.



    Defect in registered agreement would mean that you would have a defective title to the property. This would mean lower resale value or perhaps not being able to resell in future as no buyer would want defective title.

    This is serious case of malpractice.It is also likely that the builder has sold the same flat to multiple people. Otherwise, i dont see any reason why they will give you a worthless document, which will not hold up in any court of law. may even get you arrested in future, if multiple people stake claim on the flat.

    it would be better if you consult any property lawyer in your area or near the registration office. They will guide you on how to rectify such mistakes or if they can not be rectified.

    Also, do share the name of this cheat, incompetent builder.
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  • Agree with most of people, please hire a lawyer immediately and take his views / remedial steps. Also if you are taking housing loan then bank's legal department also would check this. Who is builder?
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  • "Agreement is not initialled on every page by the developer."
    Not aceptable.Tomoorrow company will say page has been inserted or modified page put in.
    Work load of Director is of no concern to us.he can apoint/authoriese some person to sign on his behalf,like in many companies.
    Point 2 and 3 is rirdiculous and can cause problems subsequently.
    Consult RE lawyer and sort out the matter.
    Highly iregular way of registry.
    Registry ofice is in cahoots with him.
    Speak to Sub registrar concerned or his superiors about this type of registration which really has no legal value with this kind of technical defects.
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  • to add, DO NOT go back to the builder before you consult a lawyer plus find a lawyer who has no connections to the builder. you do not want to consult a lawyer who is hand in glove with the builder.
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  • As everyone pointed out. please consult an independent lawyer. Can you share the name of the builder?
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  • Originally Posted by aurobind
    Hello,
    I have purchased a flat from a builder in Thane. I have the following questions with regard to the documents they have given me.
    1) Agreement is not initialed on every page by the developer. Their office persons say Director cant sign all pages he only signs imp pages. He has signed only 7 out of 50. We have initialled all pages.
    2) On the last page where his photo and thumb impression are placed, director's name is not written. Only "Director" is written. On asking why no name is mentioned, they say they have many directors and they dont know who will sign so they dont print the name. But can it atleast not be written by hand?
    3) On the last page of agreement, the names of witnesses are mentioned by hand. There are no signatures etc.
    4) Document is already registered. Date given to us was 21stFeb. We went and signed it first. There the buider's person said the person who signs for the builder (representative) is on leave. so she has signed it at registrar's office only on 25th Feb. The document is given to us like this with 2 different dates, but the witnesses are the two same persons.
    I am not sure if this is all correct. The builder's people say we have sold 100s of flats and we are making agreement like this only. Why you have problem with it ? No one else is raising any issue. Would anyone please comment on this? Am I being paranoid and is this really not an issue. Worried because it is my life savings going into this house. Thanks.


    First of all it I would suggest that you get the papers checked with a good lawyer if you have a doubt in mind. Else you will have sleepless nights. Why take a chance.

    Secondly the builder and you may not be present there at the same time.
    Generally builders will go there when they have time and do paper work for multiple agreements which are being done. They don't go there for each and every agreement.

    So the documents are ready from their side.
    You go there at the designated time. Your signature and pictures are taken and you made to make entry in the corporation register.

    You get the final papers letter on from the builder. It is ok.
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