Is it fair to register a confirmation deed instead of sale deed?

We gave an ancestral property to a builder via a development agreement to develop. At that time, he registered three documents: GPA, Development Agreement with owner’s consideration, and a Sale Deed based on the GPA and Development Agreement (with stamp duty paid every time). Now, the developer wants to hand over the flats mentioned in the development agreement and Sale Deed, but he only registered a confirmation deed instead of the Sale Deed to the landowners. Is this a fair practice? He says we’ve already paid the stamp duty during the development agreement and Sale Deed. Is it acceptable to register only a confirmation deed during the handover?

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Advocate By LEAD INDIA Answered: 17 Feb 2025

It is not a fair practice for the developer to register a confirmation deed instead of the Sale Deed. A Sale Deed is necessary for the formal transfer of ownership. You should consult a legal expert to demand that the developer execute a proper Sale Deed as per the original agreement, ensuring all payments are accounted for. For further legal assistance contact us on our helpline number.
 

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