• Can there be a possession of Flat without Registration

Hi ,Recently i planned to purchase a model flat from the builder and his son in law is taking care of the deal for him..
Actually the flat is with the land owner initially which he sold to builder. i have an agreement of sale for the same... 
Builder wants me to take the possession of the flat for now...He even is taking care of the flat repairs so that i can occupy it by my time as planned...

I have paid 60% of the flat price and going for the 40% through loan
the loan amount is also ready
I have transaction details for all the 60% of the amount transferred into the builders account and a mail from the builder's son in law stating the same..

Loan agent is saying that land owner needs to be there at the time of registration..
Things got worse between the builder and the land owner and they are not in good terms now
Builder is now saying that he has some problems with his projects in his hometown and he might need some more time to sort things with the land owner so that we can go for the registration..
Also the agreement of the sale between the builder and myself...

My questions are as follows:
1) Can i take the Possession of the flat and await registration for some more time?
2) What are other additional documents that i need to look for in this case of transactions?
Asked 6 years ago in Property Law
Religion: Hindu

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10 Answers

Dear sir,

Even Possession is the prima facie evidence of the ownership but without valid registration the possession is illegal, hence you may require to take some legal registration of the property in question.

Sometimes the circumstances demand that the buyer has to accept the possession of property though he is not satisfied on any one of the accounts. In such cases, you can clearly mention on the builders copy that you are receiving conditional possession of property or under the protest. You should specify conditions to be fulfilled by the builder like any pending repairs or OC/CC is not handed over. In short, possession is subject to fulfillment of certain conditions from builder’s end. If there is a delay in the project then you can always mention that compensation is due from builder’s end for the delay. By doing this, you can always follow up with the builder in future else as i mentioned that oral commitments have NO VALUE. In an extreme case, if buyer takes the legal route on any such issues then you can prove that it was informed to the builder.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Builder has purchase the flat from land owner through registered sale deed, valid trasfer of title, presence of land owner dose not require.

Do things simultaneously, registration of sale deed and delivery of possession. Chain of originals documents, from origin of property shall also be deliver to you.

Mere possession will be bad deal, register the sale deed.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

you should take possession of flat only after sale deed is registered in your name 

 

2) check whether building has been constructed as per sanctioned plans 

 

3) whether OC has been issued 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. first check the development agreement between the builder and land owner

2. then check the allotment agreement between the builder and land owner by which the model flat was allotted to the land owner in lieu of the owner granting development rights to the builder or as part of the owner's share of flats in the new building. This agreement has to be compulsorily registered

3. if there is a registered agreement in place between the builder and land owner then it is fine

4. then you need to check the agreement by which the owner sold the flat allotted to him by the builder. This document must also be registered. If it is registered then the land owner has to be a confirming party in the agreement that will be registered in your favour by the builder

5. it is not legal to take possession of flat without a valid OC. So insist for an OC

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

1. You can do that, however it is advisable that the sale deed is registered in you favour asap.

2. Get a title search done through a local advocate.  

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

1. Yes you can take possession of the flat though you should make an agreement on possession for registration and time limit for same should be decided.

2.Look for all plan approvals see the history and earlier transactions of the land.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes you can do registration within 6 months or later with penalty if delayed. 

But also keep a condition in writing that he will do the registration asap

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Yes you can take possession of flat because Possession is the prima facie evidence of the ownership but without valid registration the possession is illegal so you should make a separate agreement with builder regarding possession before registration of flat. 

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Even Possession is the prima facie evidence of the ownership but without valid registration the possession is illegal, hence you may require to take some legal registration of the property in question.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1.  Taking possession of the property without rtration of the same will not confer title on you, hence it would be better that you wait for the builder to sort out the problem between him and the owner and then pay him the balance sale consideration  amount and get the property registered on your name before taking possession.

2.  The additional documents are there with you which have been submitted to the bank for loan.

 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

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