• Property registration

I am purchasing a flat from builder directly and i have paid 70% of the total amount.
Property have completion certificate.
Can I go for property registration at this stage?
Asked 8 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

13 Answers

You can request builder to execute registered sale deed as 70 per cent of consideration has been paid by you

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

yes, you may go for the registration

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Yes you can proceed for registration of the flat if the flat is ready to occupy and fit for living in all aspects. If the builder is asking you to come forward for registration only to collect the balance payments from you and the flat is still not complete in all aspects, then inform the builder that you will complete the registration only if the flat is completely ready to move in and not earlier as demanded by the builder.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

Hello,

Yes you can go for the registration of the property at this stage.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If the builder agrees, then it can be registered even initially.

If you are on the safe side with respect to completion and other factors, then you can go for registration.

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

Hi

You should go ahead with the Registration as you have paid 70 %, to safe guard your money.In fact immediately after initial payments or after the 20% of the payments the sale agreement should be registered to safe guard the deal.

you will be always at advantage with a proper registration of the sale agreement.

having got a registered agreement of sale you are equipped with your right against the builder in case of any delay or default from his side.

it will also help you to proceed with a demand of specific performance of the contract against the builder if anything goes wrong from his part.

Thresiamma G. Mathew
Advocate, Mumbai
1645 Answers
212 Consultations

If the builder has already obtained the occupancy and the completion certificate, the builder can legally execute the sale deed in your favour, once you make the payment of the entire sale consideration.

Thus, registration is definitely possible at the present stage,

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

These material facts are required to answer your query meaningfully:

1. Is the property in a DTCP approved scheme?

2. Is the building licence in order?

3. Has the chain of title been clearly established?

4. Has the EC been verified?

5. Has the Occupancy Certificate been issued by the competent authority?

6. What are the terms of payment according to the construction agreement entered into with the builder?

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

hi, after getting OC ( occupation certificate ), the builder will itself offer possession and will make a sale deed in your favour

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

1. If you have conducted due diligence and found the title to be free and marketable then you are free to execute the sale deed.

2. If it is a flat then possession cannot be given unless the OC is granted.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

You can go for purchase of the flat by registering the sale deed.

You may have to check with the builder weather the project is registered under RERA or not?

Under the RERA it is mandatory to register the project to protect the buyer's right. and you also ask to occupation certificate as well.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

1) Yes you can go for property registration, as completion certificate is ready.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

If you have been given possession letter and the completion certificate you may proceed with the registration, however you may insist on the occupation certificate.

If the builder is having registered power of attorney deed in his favor duly executed by the landowner, then the builder can execute a registered ale deed in your favor.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer