Builder is offering possession without sale feed due to a dispute in the last installment. I have two options ....a) take possession and go to court without sale deed b) reject the offer of possession on thenground that get the sale feed in my name only then will take possession. Discussion have hit impasse building is ready for occupancy. Iam an end user currently staying on rent and paying EMIs for home. Request eminent lawyers to suggest the best approach and pros and cons of both.
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1.Yes,do take possession first and then take legal recourse.
2.once you get possession send legalnotice for execution and registration of a deed of conveyance.
If it is not done then you can file case before the consume forum whwrein you will get not only the order for registration of sale deed but will be awarded with damages and compensation as well.
There is no demerits if you take possession of the flat and then file case for registration of sale deed.
First take possession and go to court for sale deed
There are two option for your choice, you can ask the refund of money with interest or take possession. You can approach to the Consumer Forum to direct the builder to execute registered sale deed, failing which Forum can execute trough commissioner.
1) pay balance amount under protest
2) insist on registered sale deed
3) then only take possession of flat
4) sale deed confers clear and marketable tite to property
5) don’t take possession without sale deed
Hi,
Transfer of ownership of any property purchased takes place only after you register your sale deed with the local registrar's office paying stamp duty and completing the other formalities. How can you take possession without completing the legal formalities of transfer. If you do not fulfill the legal formalities, the builder will remain the owner of the property and no court will entertain your case since it is your negligence. Only option is to settle the matter with the builder and obtain possession legally. If Builder's demands are disputed, approach the consumer court.
Hello sir , a builder cannot refuse to make a conveyance deed in your favour .. What will be the purpose of your posession if the flat is not registerd in your name..you should get the sale deed in your favour.. However , it is advised to take the posession of the flat first .. But make sure not to sign any documents , which may be biased towards ownership ... Kindly explain specifically why the builder is not granting sale deed in your favour ??
Under Sale deed you will get the absolute right over the property mere possession of the apartment without sale deed is not good in Law, the Builder may create problems with you having taken possession.
Under this circumstances please ask the developer to register the sale deed and possession simultaneously.
My immediate advise to you would be to take possession of the property, the dispute if any is with respect to the last instalment and not regarding completion of the project. The builder is willing to hand over possession so irrespective of the dispute as regards payment, take possession, at least the EMI that you are paying would be put to good use. Your rent that is an additional burden on you will stop.
Hi,
Please take the possession of the building first and press for the sales deed.
You may proceed to the court for forcing the sale deed and at the same time you may go to the consumer court as well for any other issue.
Thanks
Take the possession and thereupon approach the consumer forum, seeking a relief that the builder be directed to forthwith execute a sale deed in your favour.
Hello,
You will get absolute right over the property only when the sale deed is executed.
Get the possession and then then go to the consumer forum.
PROS:
You will get the possession and then you keep on fighting the case
you will not have to pay both the rent and EMI
Otherwise if you proceed to file the case without taking the possession then you will have to pay both the emi and rent till disposal if the case and it will take around 2 years for the court to decide the issue.
Regards
1. First of all take possession of the flat immediately from the builder in writing so that he can not allege later on that you have forcibly taken possession of the flat.
2. Thereafter file a consumer case before the local District Consumer dispute Redressal Forum against the builder alleging deficiency in service and unfair business practice claiming registration of the flat with in 7 days and payment of penalty @ Rs.1 K per day thereafter till he registers the said flat in your name, damage and cost.
first of all you take possession of the flat as offered by the builder. then if you think that as per your agreement with builder you have already paid all amount, lodge a complaint to the consumer forum for registration of sale deed.
While the developers charge on an average Rs 3 lakh to Rs 4 lakh from each buyer for the purpose of registration, thousands of buyers have still not got it done. And they have started living in those flats though the authority is yet to issue the completion certificates.
We got an favourable order from NCDRC but the OP is not complying what are our options? how to enforce judgement.
Take out contempt of court proceedings in HC against the opponent if he is not complying with court orders
You have to file an EA to execute the judgment of NCDRC.
You can contact your advocate or any other local advocate for proceeding on this.
1. First of all send him a legal notice attaching the copy of the order pas by the NCDRC asking him to comply with the said order.
2. Thereafter if the order is not complied with, file execution petition before the said Commission praying for arranging for execution of the order passed by it.
File an execution petition in the trial forum under section 25 and 27 of the act.
File an execution petition in the NCDRC only.
Regards