• Holding charges for sale deed registration

I bought a flat in Zirakpur, Punjab in 2015 and took possession in Jan'2016 after paying all dues. Flat is jointly owned by me and my brother. We haven't registered the flat till now. The builder sent an email yesterday stating we have to pay penalty of INR 10.00 per square feet if we don't get the property registered by 30th Nov'19.
Since, I paid all dues and took possession on time, could builder charge me for not registering the property I own. I can register it later too?
Please advise.

Thanks
Asked 4 years ago in Property Law
Religion: Hindu

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16 Answers

You must register flat in your name 

 

2) registration of sale deed confers clear and marketable title to property 

 

3) if you don’t register flat you would not be able to sell flat in future 

 

4) in event of builder demise you will  have to face lot of legal complications 

 

 

 

 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

See builder can charge penalty as per the agreement if you are already in possession you should get flat registered as till now without registration you are not owner of the flat and you cannot be in possession of the same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

- Now in many states, Occupying an apartment without Registration and occupation certificate is considered an offence under law, and the authority has decided to take serious action against the same.

- Hence, you should try to register the said flat in your name earliest as insturcted by the builder.

- Further if the circle rate /market value will be increased, then you will have to pay more for stamp duty as well.

- And also in the event of death of the landowner/builder , you can face much trouble for registering your property.

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

It is not the builder who can charge the penalties. Registration law provides provision for penalties for delay in registration at different rates.

You will need to pay the penalties to the govt. for delay registration.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

1. Registration of "immovable property" is mandatory, since only registration will give a  "Clear Title" to the property for all futuristic legal purposes such as Sale /Transfer /Gift /Donate /Mortgage /whatever....

2. IF one buyer is not available in India, THEN the other buyer can give a registered Power of Attorney (POA) to the available buyer for registration of property, which would legally final and conclusive.

3. Builder is legally not entitled to levy any penalty and he might be levying such penalty as a preemptive measure to register a Society /Association, to persuade you to hasten up the process.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Builder can't charge you but you need to see your agreement if it specifies any charges to this aspect. Later you may incur penalty for late registration from sub registrar office

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

your brother can execute POA in your favour or that of family member for registration purposes 

 

2) POA should be attested before Indian consulate abroad

 

3) builder cannot charge you exorbitant amount as penalty 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

Builder cannot charge once full payment done but penalty will impose by registrar office for delay in registration if you will show purchase and delivery of possession in 2016. 

And without registration of sale deed ownership dose not transfer. Either brother presence can be dispense by executing POA in either favor.

Now press for registration without any thing payable to builder.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

See if in terms of agreement signed between you and builder if builder has notified such condition then he can impose such penalty also if you want some reasonable.extension you can seek in that case if he apply penalty same can be contested.

See for that your brother can give you power of attorney to register the sale deed. He can send a notarized power of attorney signed with embassy in your name and on based of same you can register in your joint names.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You have to register the property. You have the possession from 2016. Therefore engage a lawyer who will talk to him on your behalf. He cannot levy a penalty as he is no government authority.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

You should register it. 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

You cannot take possession of property and occupy the property before getting it registered it on your name.

Therefore you cannot claim exemption for the reasons cited by you.

The builder can impose penalty for the delay in registration since it is not his fault, therefore why do you want to take a risk, what is the problem that you face for getting the property registered when you have already paid all the dues.

 

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

The inordinate delay in getting the property registered on your names is not justified.

You say that you took possession in the year 2016 and you are not willing to get it registered even after three years of taking over the flat(?)

The reasons you have cited for not willing to register the property even at this long delayed stage is absolutely not maintainable, if you agitate the decision of the builder and approach court of law for relief, yo may not get any respite since you do not have any legally valid reasons for this inordinate delay to get the property registered on your name despite taking possession of the property well ahead i.e., more than three years ago.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

Yes builder can charge penalty for not registering the flat.

If you need some more time then you send should reply of the notice demanding some extra time to make travel plans when you both can come and register the flat.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

 property registration is very much necessary. It is final complete agreement between two parties. Once registration of property is completed, then you are the legal owner of that property. Unregistered owners are illegal in front of law

If the agreement states the penalty charges then you are liable to pay penalty as per agreement. . 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Send a legal notice to the builder calling upon him to register the property immediately in your name. Non-registration of property amounts to deficiency of service hence file consumer complaint under the provision of Consumer Protection Act, 1986

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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