Actually to get approval from govt authorities the builder had to submit the building completion certificate then the corporation issues the occupation certificate. You can register the property.
Apartment registration
I have booked a flat with Motiff Developers Ernakulam, Kerala. The location of the apartment is Aluva in Oct 2009.The project is still going on at a slow speed.I am not sure as to when will it get over.The project got delayed due to various issues. Since I am a retired Defense employee and I wanted some place to settle, I spoke to the builder and he made my flat livable. I paid all the dues towards the builder. They have made some temporary arrangement for electricity and water supply. Now if wanted I can stay in the flat. But the works of the full project is going on at site. that means today I am holding the keys of my flat and all the works related to builder has been completed. As far as the property documents are concerned, I am in possession of the initial agreement only. Since all the dues are paid, Can I get my property registered and officially own the property? Since the project is not completed, can the builder or govt agencies give me the possession certificate and the builder can register the property on my name? How do I get the ownership before the project get completed in totality?If not possible kindly suggest me the alternates to ensure the ownership of the property in my name. My name: Hari Haran Nair Contact No: [deleted] mail ID: [deleted] Regarsds
Asked 7 years ago in Civil Law
14 Answers
Hello,
Registration can only be done once the CC is received by the builder for the project.
Till then you will just have to be in possession of the said agreement and the registry will be made earlier.
You may get in touch with the builder and may ask him as to by what time he will get the CC.
Regards
since you have paid all dues sale deed can be executed by builder duly stamped and registered
2) registration does not depend upon building being completed
3) builder can deliver possession only after OC is issued
See legally till the construction of the property is not complete a OC cannot be given and therefore you can legally not stay in the flat and after completion only builder can give you possession letter and though he can register it in your favour through registered sale deed.
Since you have agreement to sale you are safe if builder refuse you can file a civil suit for specific performance of the agreement.
Based on the answers given I spoke to the builder. As far as the rule position of Kerala Govt, the registration can be done after the govt issues the door no. Towards this the builder should mandatorily provide water ,electricity and lift. In the absence of these, the registration may not be possible. As per the builder registration for the UDS can be, if interested, done now. For this an amount of Apr Rs 1.5L will have to be paid for registration. After that the sale deed, after obtaining the CC will cost the money at the rate as prescribed by the govt at that point in time. Basically as per the provisions of Govt of Kerala, the registration at this point in time is not possible. In the case of Maharashtra, after paying 20% the registration is possible. But in Kerala the registrations happens only after CC. Request clarify Regards
Asked 7 years ago
Dear Sir,
Get file a simple suit for permanent injunction stating that you are the owner of the flat and due to technical reasons it could not be registered in your name. thus you will get a decree against a builder not to disturb your possession. It is sufficient to continue to your stay legally.
1) wait for issue of CC then sale deed can be registered in your name
2) it is not in your interest to start staying in flat before completion of building as builder will charge you maintenance after possession is delivered to you
Dear Client,
Without registered sale deed, no actual ownership acquires. On the basis of full payment, you can claim ownership and can demand execution of sale deed from builder through court if builder refuses.
Till project not complete, no certificate will issue by authorities but sale deed can execute, apply at sub registrar office along with builder or his duly authorized agent.
Sir the builder is correct in stating same kindly wait till the construction is complete and cc is received in case of delay you can seek delay compensation from consumer court or RERA authority.
A completion certificate is an essential and mandatory official document authorizing that a new building has been constructed and completed as per the safety norms and guidelines of the Buildings Act. This certificate is issued by the local authority after inspecting the completed building.
After obtaining CC you can registered Flat.
1. regardless of the project being completed or not, the builder is legally liable to register agreement for sale in your name
2. please ask builder to immediately register agreement in your name, moreso when you have also made full payment
3. Occupation certificate cannot be issued for one or two flats, It is either is issued for few floors or for the entire building
4. once you have registered agreement with you, you get ownership rights
This is my response to you:
1. Technically speaking the project needs to be registered under RERA;
2. You can occupy the premises only after the builder has obtained CC and OC;
3. Otherwise the municipal authority can evict you;
4. You should have registered an "Agreement to Sell", the sale deed will come later;
5. You should be issued an possession letter then only you can occupy the premises;
6. Consult a local lawyer and take steps.
The builder can procure partial OC from the competent authority in respect of completed flats and can give posession letter and also he can register the property to your name after all the dues to him are paid in full.
You can talk to the builder and settle the matter amcably because there is no legal impediment in following the procedures as suggested above.
If the provisions of law in Kerala is different to that of other states, you may have to abide by the situation prevailing in your atmosphere.
Even then you may talk to the builder for some loop hole, whatever is feasible, if not then you may have to wait or can intiate legal action against the builder for the inordinate delay and seek hefty compensations
You have to wait till Builder gets CC. Also without Occupational certificate, you are not covered under any insurance.
You have to live on your own risk.
