• Delay in property registration

I purchased landowner unit in a Salarpuria property in November 2018. Please note there is already an allocation agreement between landowner and builder wherein 33% units are owned by landowner. I made 10% payment in name of landowner as booking amount and the sale agreement was also signed between me and the landowner. The rest of the payment needed to be paid at intimation of possession. The builder received OC in Jan 2019. Since then they have been postponing my registration. I am ready to pay them pending 90% payment during registration. They are insisting I make the payment right now, take possession and they can do registration sometime later (not sure when though). Is it legally fine to make payment and wait for registration? Given that it 3-party registration, can it have some problems in future?
Asked 4 months ago in Property Law from Bengaluru, Karnataka
Religion: Hindu

You should issue them legal notice to get the registration done in order to to do the The possession transfer done. If do not adhere, you can cancel the agreement parindey would also have to pay interest as well as compensation to you for the breach on their part.

 

Without registration, your property can be attached if the same has been mortgaged with some bank and the builder makes default in payment.Take possession only after registration.

Siddharth Jain
Advocate, New Delhi
4626 Answers
50 Consultations

5.0 on 5.0

1) under no circumstances should you make further payment 

 

2) builder should execute registered sale deed in your favour on making balance payment then deliver possession 

 

3)issue legal notice to builder/ landowner to execute registered sale deed in your favour . Offer to make balance payment 

 

4) if they refuse file complaint against builder before RERA seek orders to direct builder/ landowner to execute registered sale deed in your favour 

Ajay Sethi
Advocate, Mumbai
65453 Answers
3961 Consultations

5.0 on 5.0

Dear Client,

Above process will cost you useless litigation. Payment and registration should be on same day. Complain to RERA. Further on purchase of immovable property, registration of sale deed must be with in 4 months otherwise penalty.

Yogendra Singh Rajawat
Advocate, Jaipur
12259 Answers
13 Consultations

4.6 on 5.0

From date of payment made and possession delivered. No, than you have to file civil suit for registration of  sale deed.

Yogendra Singh Rajawat
Advocate, Jaipur
12259 Answers
13 Consultations

4.6 on 5.0

If you cancel the agreement then you would not be entitled to full refund 

 

2) builder can deduct 10 per cent of booking amount as cancellation charges 

Ajay Sethi
Advocate, Mumbai
65453 Answers
3961 Consultations

5.0 on 5.0

Hi, if the builder is ready to offer possession letter, then you can make the payment to him..You can file civil suit for specific performance in court if builder refuse to make registration ..

Hemant Chaudhary
Advocate, Gurgaon
4248 Answers
30 Consultations

4.9 on 5.0

Dear Sir

it has positive signs as builder got OC. Better to pay and take possession

 

Kishan Dutt Kalaskar
Advocate, Bengaluru www.kishanretiredjudge.com
4247 Answers
108 Consultations

5.0 on 5.0

Issue a legal notice to landowner and builder to execute registered sale deed. 

Don't cancel sale agreement

Consult a local lawyer with all documents. 

Mohammed Mujeeb
Advocate, Hyderabad
9341 Answers
3 Consultations

4.5 on 5.0

When the property has received OC and the builder is ready to hand over possession and you are ready to make the full and final payment, what is the reason that the builder is postponing the registration process.?

You may have to run behind them for registration of the property by a registered  sale deed after taking possession hence it would be better that you wait for the registration and simultaneously taking possession.

What about other buyers,, are they also meted out with the same type of treatment?

You may decide based on the prevailing atmosphere.

 

T Kalaiselvan
Advocate, Vellore
55296 Answers
674 Consultations

5.0 on 5.0

1.  You may go through the conditions mentioned in the sale agreement once again to confirm this position for computing the time limit.

 

2. It is upto you for proceeding in the manner you may decide, but in my opinion you may handle little patience instead of agitating over the petty issue and lose your energy and money etc in the melee or dispute that may follow.

 

T Kalaiselvan
Advocate, Vellore
55296 Answers
674 Consultations

5.0 on 5.0

See if land owner is registering flat from his share and there is registered sale agreement then there wont be any issue if you take possession pay complete amount and register after words. Though it would be good to register now only.

Shubham Jhajharia
Advocate, Ahmedabad
18231 Answers
71 Consultations

5.0 on 5.0

1. That is from signing of sale deed for registration. The validity of sale agreement is as per it's clauses.

2. You can give them notice calling them to register the flat in case they fail to register you can seek refund along interest.

Shubham Jhajharia
Advocate, Ahmedabad
18231 Answers
71 Consultations

5.0 on 5.0

You can file a consumer complaint and seek refund of the said amount

Prashant Nayak
Advocate, Mumbai
11647 Answers
18 Consultations

4.8 on 5.0

1. If you pay now then you will be at their mercy and the owner may not even turn up for registration, so don't pay.

2. A lawyer's notice for cancellation of the agreement to sell may be served on him and you may demand refund of the advance paid to him.

Ashish Davessar
Advocate, Jaipur
26103 Answers
775 Consultations

5.0 on 5.0

  1. What all have been stated in the above query, can be done but with sir precautions at your end.
  2. If you also wish to do the same then I would advice you the execute a new agreement of sale stating everything about the prior and new conditions to be put in there.
  3. Now, the four months time would start from the date of the execution of the new agreement.
  4. Also put the clause in the agreement that if they do not get it registered then shall have to repay the amount including the interest for the said period on the amount.

Sanjay Baniwal
Advocate, South Delhi
4773 Answers
11 Consultations

5.0 on 5.0

If the land owner is ready to give possession on receipt of balance payment, but wants to proceed for registration later on, take a letter from land owner as to when he would be able to complete the registration. If not you are anyways in possession, pay the stamp duty and registration fee to court and get an absolute sale deed duly executed from the court itself, if the land owner fails to come forth and register the property in your favour.

Kiran N. Murthy
Advocate, Bangalore
1161 Answers
159 Consultations

5.0 on 5.0

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