• Is it possible to register the flat alone without land

Hi,
I've booked a flat 10 years ago on a joint development. Now there is a dispute between 3 land owners and the Builder. Got the completion certificate and door no in the name of the builder. 25 of us are already fully paid customers but didn't get our flats registered. POA given to the builder is cancelled by the land owners with out informing us. Land owners are not willing to register the flat in our names. Builder is ready. Is it possible to get the flat alone registered in our names (at least we have something). Registrar say if he get a direction from the court, he will do it without land being registered. Heard there is a Delhi court order for the same purpose. If so can I get a copy of that court order?
Your advice is highly appreciated
Regds,
George John [deleted]
Asked 6 years ago in Property Law
Religion: Christian

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

11 Answers

Unilateral registration not permissible. File criminal case agasint both land owners and builder. If any dispute is between them, owners provided POA to builder to act on their behalf and under that authorization, flats were booked and payment received. Hence, both parties are liable to prosecution.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Hello, 

 

Registration of a flat solely in Delhi is  allowed because the state government has allowed for the same and several local laws are involved and as such order passed by the Delhi Court will not be useful. without the consent and NOC of the landlord and the builder it is not possible to get the flat registered on your name. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

once POA is cancelled by landowners builder cannot register flats in your name 

 

2) you would need court orders to direct landowners/ Builder to register flats in your name 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

without the consent of the landowner and Builder flats can't be registered on your name.

As POA  is cancelled by the land owner,builder will have no rights to register the property.

It is better to file a suit against both the land owner and the builder  and you can seek the orders from the court to do the registration process.

Seshukumar Kuchibhotla
Advocate, Hyderabad
57 Answers

Actually first the conveyance takes place and then joint development.  In your case how can redevelopment carried out without conveyance.  You can approach the collector for conveyance in this case after conveyance it will be transfered to society

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

i want to know whether the land owners are also parties to the agreement between you and the builder?

if the flat is purchased from the builder then an agreement between the builder and flat buyer is enough for registration

i do not understand why the registrar is insisting for a court order directing him to register the document without the land owners?

the contracting parties are the builder and the flat buyer. The land owner is not a part of that transaction 

the inter-se disputes between the land owners and builder shall not prejudice the flat buyers

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Dear Client,

You may get register the flat on the basis of the document, you were shown in the beginning of the project. Other wise it will be considered breach of contact. You also sue for breach of contact or in Consumer Forum. 

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

POA cancelled by landowners, not possible to register flat in your name. File a civil suit and get orders from court. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Sir without the land owners approval flat cannot be transferred file suit against the builder and landowner and get direction for registration in same as the joint development and agreement with you were made with the consent of the land owners the court can pass such direction.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can issue a legal notice to the builder and the land owners in this regard.

Subsequently you can file a suit for specific performance of contract based on the sale agreement against all of them seeking the relief of getting the registered sale deed executed in your name in all respects. since you have already paid the same consideration amount in full and you are ready and willing to get the same registered on your name at your expenses.

You first contact a local advocate and issue a legal notice which will invoke some response after which you may proceed with further legal action on this subject

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

Dear sir

If the registrar is saying that of he gets the court order he can register flat on your name without registry of land. Then you must file the case for mandatory injunction in court for granting you this relief for that you have to meet a good lawyer for civil matters in your local court. 

If there is a delhi High court order then the lawyer you appoint will help you get that judgement from the RCR(civil)

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer