IT Café Online

While booking a flat, I signed two agreements with the builder/developer who is a registered GPA holder of the land and has rights to construct and sell the apartments - agreement to sell undivided interest in land and construction agreement. While the apartments are in the completion phase, the builder approached me for the sale deed. In the sale deed, he has mentioned only the undivided share in land and for the apartment he says it is not required to execute the sale deed as he will be providing us the deed of declaration which will be duly registered. Thus, we will be paying the registration amount for the undivided land only. Is it right to execute a sale deed for the undivided interest in land only as the land will be later registered in the name of the society? And will I be the sole owner of the apartment if I agree to execute only a deed of declaration and not the sale deed for the apartment?

Based on the details provided, it seems to be a scheme floated by the builder. The sale is of undivided share in land, and based on the agreement to sell the builder is constructing an apartment for you, corresponding to the undivided share sold to you. In such a scheme, the sale deed is for the undivided share in land and in such a sale deed only the apartment is shown as being constructed. You will be the owner of the undivided share in land and also, by virtue of paying for the construction, you will be the owner of the apartment.