• Registration of sale purchase agreement

one owner of plot entered into colaboration with builder for construction of GF plus 3Floors on 12.06.13. As per collabratipn agreememt builder will get 2 nd floor after completion in liue of investment in building. The builder has got right to sell the 2nd floor and he entered into sale agreememt dt. 16.09.13 with me. The sale agreement was not registered at that time. I invested in the building. Later on the builder failed to complete as per terms and now dispute arises between owners and builder. The building is 90% complete and the owners have taken forcibly possession one year back and not allowing the builder to complete the remaining work. The owners are not executing sale deed in my favour and demanding unneccesary amount. Builder has given possession of second floor to me which is locked by me. My furniture is kept there. The owners have filled suit in the court against builder on 07.07.2016 for getting done the remaining 10% work and have fixed one extra lock at main gate and not allowing me to enter my floor. The builder's lawer has filled one ten application for making myself as party to the suit but as my agreement to sell is not registered, the court is not admitting me as party. As i have invested in the building and in possession of the floor with lock and key bills in my name can i become party to suit or not when builder is with me. Can Agreement to sell purchase be registered after expiry of 3 years. 
Also I want to file a suit against the builder for not fulfilling the terms of agreement and not able to execute sale deed or not returning my hard core money invested in the building. The owners are living in their house and i am living on rent. Can i file suit with unregistered sell purchase agreement on ownera and builder both. Any provisions in law to register the sell purchase agreement now, Pls guide my money is stuck. 
Please guide me how to get possesion back

Kamal Singh Rawat, Delhi
Asked 7 years ago in Property Law
Religion: Hindu

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3 Answers

1. The dispute ahs really become complicated.

2.However nothing to worry as you can file case in the consumer frum seeking either possession of your flat or refund of money.

3. Since the landowner will also be made party to the case beofre the consumer forum, the firum can pass necessary direction including injunction agaisnt your forcible dispossession.

4. In consumer forum unregistered sale agreement is also accepted.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

1) file suit for specific performance against builder to execute regd sale deed in your favour

2) the builder must be having POA from owner to execute regd sale deed

3) file suit against the powners also to permit you to access your flat for which possession has been delivered to you

4) you should be made party to suit filed by owner against builder

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

Sale Agreement cannot be registered at this stage, however based on the sale agreement the builder can execute a registered sale deed in your favor.

You can file a suit seeking specific performance of contract against the builder.

But the sale agreement is not registered, you would be directed to pay the deficit stamp duty or the amount you have paid my be ordered to repay you.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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