• Flat sale deed not given builder

I purchased a flat in a new building in the year 2013. I didn't had any previous experience or knowledge of properties and its documents. I have shifted to a new apartment so I want to sale the flat I purchased in 2013. one person was interested in purchasing the flat, everything was going well but the bank refused to offer the loan as I didn't had sale deed document. I am following-up with the builder for the sale deed document from last few years but he is not taking any serious steps to issue the sale deed document to all the residents of the building. His latest excuse is that collector office told to pay najarana amount first and then give u sale deed.. but when i purchased the flat at that time our building land 1/12 extract show Bhogwtdar 1 ...now when i ask builder to show latest 7/12 extract..then i found bhogwtdar 2 land in extract . The residents are not co-operative but still I managed to bring all of them together and issued a notice to the builder few months ago. We gave a written application with the signatures of all the residents for the sale deed document. The builder was not there to accept the letter, they told wait for next one year. Later when we went for the sale deed the builder straight away denied about the sale deed execution. I am fed up wasting my time for this. What action should I take so that I get the sale deed document? Looking forward to your suggestions
Asked 6 years ago in Property Law
Religion: Hindu

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10 Answers

1. You will have to file a civil suit against builder and seek directions from court to him to execute sale deed in your favour

2. Paying najrana amount to collector has got nothing to do with execution of sale deed

3. The residents can atleast form a co-operative housing society and begin process of issuing share certificates to the members

4. Atleast the flat purchasers will get some identification for their flats

Yusuf Rampurawala
Advocate, Mumbai
7559 Answers
79 Consultations

5.0 on 5.0

File complaint against builder before consumer forum and seek orders to direct builder to execute sale deed in your favour

2) also seek litigation costs and compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. This is a classic case of deficiency of service and unfair trade pracitce.

2. However there is nothing to worry as if you file a case before the consumer forum you will get all necessary reliefs.

3. Once you file the case you will get not only the order for fast execution and registration of the sale deed through the office machinery of the Forum itself but even enough damages and compensation to take care of the delay.

4. So stop chasing the builder anymore and visit the consumer forum to seek your legal grievance.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

File a complaint before the consumer forum against builder for deficiency in service and unfair trade practice. And seek compensation for mental harresment and litigation cost, the consumer forum shall order the builder to execute the sell deed.

Further if there is agreement between you and builder you can file before the civil court also for the specific performance of the agreement. Both remedy subsist for you. Further the najarana amount is no liability of yours.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

its builder duty to pay najarana as its plots part not of building and if builder is not making sale deed than we have right to file complaint under specific act under with police will look after it

and about bhogwtdar 1 or 2 it will be cleared only after seeing in details the documents

Shubhechha Badgujar
Advocate, Nashik
1 Answer

Not rated

You have to file a suit for specific performance of contract against the builder and for costs.

The builder, if is having power of attorney deed in his favor from the landowner to sell the properties, then it becomes his duty to execute a registered sale deed in favor of the purchaser.

Consult a local advocate and initiate steps as suggested for relief.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

1. FIRSTLY make a proper written complaint to the RERA authorities, with all the documentary evidences. This might work.

2. ELSE, file a grievance petition in the local Consumer Court. This will surely work and you will get Interest, damages, compensation and the proper documentations.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

File consumer complain. You alone can file if other resident don`t agree.

Yogendra Singh Rajawat
Advocate, Jaipur
22714 Answers
31 Consultations

4.4 on 5.0

This is my response to you:

1. You can send legal notice to him under MOFA;

2. You can also file a police complaint against him for cheating you to the nearest police station;

3. This is very serious issue, since without a registered sale deed, you do not have a perfect title to the property;

4. Take immediate steps against the builder and also file case in consumer court as soon as possible;

5. Engage services of a local lawyer and get the work done by him/her.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

File Consumer Complaint immediately and ask for sale deed in interim relief

Prashant Nayak
Advocate, Mumbai
32164 Answers
185 Consultations

4.1 on 5.0

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