• Delay in registration by seller even after complete payment

I have purchased a resale property in Mumbai. The property was booked for 68.50lac. Part payment agreement was signed in April 2018. I took loan from bank for the remaining amount and the process took a while. However now the whole payment is already made and completed in June. 

Now the seller is delaying the final registration and is ignoring phone calls and not cooperating and responding. Although we are already in possession of the property but we don't have resgitraion done.

I want to know what impact does it make on me by such delay in registration. Secondly my electricity is still not in my name and cannot be done Untill I have registered papers. What steps can I take now. I have all the transaction details to prove complete payment.
Asked 4 years ago in Property Law
Religion: Hindu

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9 Answers

If the whole payment is done the Builder should not have any problem in going for registration as you have a housing loan on that property so Bank must be looking for the registration papers and may I ask you if it is delayed.

You don't have the property transferred in your name definitely you cannot get the electricity connection in your name please speak to the Builder to try to get the property registered has he has nothing to pay to the register in case there is a problem in registration then you can move 2 the consumer forum and complaint

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

You do not legally become the owner until the property is transferred to you under a sale deed.

Send a legal notice to the seller calling upon him to forthwith execute the necessary papers, including the resgistry.

If he fails to comply with the Legal Notice, file a suit for specific performance of contract.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Sir send a legal notice to the seller for the performance of his part of the agreement and the registration of the property in the name. if he does not take efforts on the notice also file a suit for specific performance of the agreement the court shall make such order for specific performance and the cost of the suit.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Issue legal notice to seller to execute registered sale deed in in your favour

2) if he fails to do so file suit for specific performance to direct seller to execute registered sale deed in your favour

Ajay Sethi
Advocate, Mumbai
87915 Answers
6207 Consultations

5.0 on 5.0

1. if the payment is fully made then the seller is bound to execute and register the sale deed.

2. now if he does not do so then you can file a suit for specific performance of contract.

3. in the suit for specific performance of contract the court ca direct the seller to register the sale ded or in the alternative to refund the money along with interest.

4. in either event you will have t file a suit civil suit to get remedy of this dispute.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. If the said property is not registered in your name then you shall not be considered as it's title holder legally.

2. Has the said project been registered under RERA? Your state is RERA compliant from 19.4.2017.

3. If yes, the you can file a complaint case before the Real; Estate Regulatory Authority claiming immediate registration of the sale deed and compensation for each weeks delay to comply with the said order.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. Issue legal notice to seller to complete registration formalities

2. If he doesn't respond then you will have to file a suit for specific performance of contract

3. Seller cannot initiate any legal action against you as you have already paid full money and possession is also with you. So you are protected under section 53A of transfer of property act relating to part performance of contract

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

This is my response to you:

1.Is the project RERA registered?

2. If yes then file a complaint to RERA;

3. As per RERA the builder cannot delay the registration process;

4. You can also claim compensation for the mental and monetary losses suffered by you;

5. If not RERA registered then send legal notice and then file a complaint under CPA.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

You issue a legal notice to the seller demanding him to execute a registered sale deed in your name within a stipulated time mentioned in the legal notice.

Failing to respond to the notice you may file a suit for specific performance of contract for relief and remedy

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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