Now a declaration suit before the civil court has to be filed seeking declaration of ownership since the firm is dissolved nobody on behalf of the firm can register in your favour.
Registration of flat
Our flat was purchased 10yrs back, full payment was made, and possession certificate obtained from developer. However due to paucity of fund, registration was not done then. If the developer partnership firm has been dissolved by now, what is the way to complete registration of the property now?
Asked 6 years ago in Property Law
Religion: Hindu
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10 Answers
Well sale deed registration is must. Ask the partner of firm to execute on firm behalf. Firm is dissolve so no authority to employees to act on behalf of firm.
Sale deed can be executed by the ex partners of the firm
There must be a mention in the dissolution deed as to who will have the title of the dissolution.
Who is the owner of the property as per the documents?
regards
EX partners can execute sale deed.
You can complete the same after paying the penalty
1. The erstwhile partners even after dissolution of the firm can in discharge of the pending work of the firm can stil complete the sale by registering the deed.
2 If they do not then you can file case before the consumer forum which would force them to register the deed of conveyance or it can do so through its own machinery.
So do accordingly.
- As the development partnership has been dissolved now, but you now wish to register the property on your name.
- You can do this with the help of the possession letter and other legal documents like electricity bill, water bill, property tax etc.
- If needed you can also obtain the NOC from the society of the building stating that you are the legal occupier of the flat.
- And all these would be done before the office of the Sub- Registrar.
1. You shall have to approach the land owner now and if your flat comes under his share the he can register your sale deed.
2. Find from the development agreement as to what remedy has been prescribed therein in similar cxases and who can register the sale deed after the partership firm is dissolved.
3. If nothing has been mentioned therein then file a declaratory suit praying for a declaration thatb you arte the bonafied owner of the said flat also praying for a direction upon the Registrar to register the sale deed in your favour.
The developer has to execute the registered sale deed or you can contact the owner to execute the same in your favor since the developer was only a power of attorney agent of the land owner.
You can contact the developer on this and wait for his reply after which you can even decide about taking legal steps on this.
