• Flat registration issue

I bought a seconds flat for X amount, I've already given x/2 amount in 2018 as advance and had an agreement, also I'm in possession of that flat now.
Now it's been 1.5 years there is no registration happening due to the fact that, there is a 
case going on between Govt. and some board ( which they claim the actual land where the apartment was built).
Govt has registered 100 flats in the said apartment and the one I agreed to buy also had a valid registration.
Now, can I go ahead and give the rest of the amount to the owner since he's asking me to vacate ?
Can I have any document written in my favour other than registration?
Something like MOU or Agreement extension or anyother ?
So that the owner cannot enforce me to leave or sell to others or sell me for an higher price?
Will I have any right if I go forward by giving the rest of the money?
Asked 4 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

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11 Answers

But the title is not clear in the said flat. Even if the owner gives you any declaration and after litigation it may turn against you and owner I. E. In favor of govt. What will you do. In extreme circumstances if you feel that still you want to buy then you take a indemnity bond from owner

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

No registration no sale takes place. 

You can make the balance payment after execution of an indemnity agreement to compensate you adequately in case there is any defects in title and/or registration is not done within a specified period of time. It should be properly drafted preferably by any advocate.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Dear,

        Don't give him balance amount.

        If he forced you than ask him for registration.

        If sale deed is not registered in your name, how can you claim your right in future.

        You can also take indemnity bond from owner.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

If you have possession and paid as per Agreement to Sale clause, so kindly read termination clause as well and check whether you're eligible to pay him rest of the amount after 1.5 years.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Don’t make any further payments  unless registered sale deed is executed in your  favour 

 

2) better take your refund of 20 per ce t and deliver possession of flat to owner 

 

 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

1. Without perusing the title deed and other relevant documents no comment  can be made on the valid title of the flat.

2. Unless your seller has clear title in the lat by mere registration it can not transfer valid title in your favour.

3. Hence before making remaining payments determination of title is very vital thing to consider.

4. So in that context take assistance of a local advocate who alone can check the documents and make comment on clear title of the property.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Even Possession is the prima facie evidence of the ownership but without valid registration the possession is illegal so better take amount refund . 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Without registration of sale deed, full payment not advisable. No forceful possession possible, ask him to get it registered than only payment. You can get injunction order from court for any third party sale. And for any force can complain to police.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Dear

It is not advisable to make full payment if registration of flat is not possible.

You should ask seller to refund the advance paid as the registration is pending due to his default. And after taking refund vacate the premises.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Dear Sir,

Yes, you go ahead and give the rest of the amount to the owner and get registration.

You are purchased the plots is in pursuance of a contract, with the seller. So, both of you are bound by the terms of contract. He cannot go against the contract and you have been paid the money, He cannot hope that the buyer will return it as the contract is in your favour. Further, the contract is signed and you have made payment in acceptance of the contract.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

On knowing that the government had registered 100 flats including the one under your possession, why do you want to take a risk?

Instead of agitating over the controversial issue, why dont you take back your amount from the owner and vacate the flat?

 Since the owner is not willing to execute the registered sale deed in your favor, he may be reluctant to execute any such document in your favor.

You may better consult a local advocate and file a suit for specific performance of contract seeking specific releif against the owner to get the proeprty registered on your name by paying the balance amount before the court.

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

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