• Builder is asking for Full Payment before Registration

I booked a Flat sold by builder as 'Ready to Move in'. I have already done a payment of 10% and Agreement is done. Now I can see that in my Unit all the works are not complete and it is not in a condition that I can move there. Builder is calling for a full payment and to do the registration. They have already crossed the timeline of July End that they said we could move in. 

My question is should I do the full payment and go for Registration even before my flat is ready for possession? Please suggest as I am not aware of the complete process.
Asked 6 years ago in Property Law
Religion: Hindu

3 answers received in 30 minutes.

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11 Answers

it is in your interest to make full payment and obtain registered sale deed from builder

 

2) it confers clear and marketable title to purchaser 

 

3) however builder can offer you possession only after Occupation certificate  is issued 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

It depends on your agreement with builder.  It's always better you make the full payment after receipt of OC and during posession to builder to avoid delayed posession

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. If the work id not fully completed making it habitable then making the full payment is not advisable.

2. Generally in such circumstances payment upto 90% is made so the remaining 10% is to be paid at the time of taking physical possession of the property.

3. So keeping at least 10% of the consideration money unpaid you can make the remaining payments till physical possession is handed over and a deed of conveyance is registered.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Dear Sir,

Builder cannot forced you to do so. Asked him to get the Sale Deed registered in your name. Question pertaining to balance payment, you may provide a Post Dated Cross Cheque to him or of date of the registration at the time of registering the Sale Deed. You directly say to builder the cheque for balance payment is ready and you will handover the same to him at the time of Registration and get the registration done.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Nops, ask him to complete the construction and provide OC , CC, than only full amount is payable legally. IF builder refuse ask him for refund with interest and also approach consumer court for compensation.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Hi

Please check the terms and conditions (T&C) of your agreement.

The same contains clauses pertaining to completion and / or delivery of possession.

If the builder has not completed his part of obligation then by invoking the T&C you can insist him to complete.

However, if the grace period for the completion is not used, you may have to wait and proceed.

Registration will be  done only upon paying  entire sale consideration.

If you pay entire consideration before completion of works, you will be at receiving end.

Wait for him to complete and upon your satisfaction (subject to T&C) you may proceed.

Good  Luck

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

See builder have to give you possession of the said property on registration and before registration you are required to pay complete payment on that only he shall register.

For delay you can seek compensation from the builder. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

When you buy a property which is under construction, the OC is yet to be issued to the builder and it is not possible for you to get it. Once the building is completed, you should demand the OC from the builder. If the builder refuses to give you the OC, then you must not take possession. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

No you should not done full payment for registration until the work of your flat is complete and builder is ready with Occupancy certificate and completion certificate of the building.

But if he is insisting you for full payment then ask him to provide you completion certificate of the building if he is unable to provide you the certificate you can file a complaint with consumer forum against builder for forcing you to get registration done without completion of building.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You need not get the property registered before it is completed and the builder is obtaining OC.

It is important that the builder should complete the constructions in all respects and also to obtain OC before issuing possession letter and then demand for full payment for registering the property to your name.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

  1. As per the information mentioned in the present query, makes it clear that there is already an agreement entered between you both.
  2. Then there must be the time at which further payment will have to be made.
  3. And also there must be some clauses in it for the condition of the flat.
  4. Now, you need to look for the compliance of those conditions at the builder end otherwise I would advice you to not to make the payment now.
  5. As if you give payment then there are chances that you will still have to go before the court of law to get your work done.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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