• Flat not transferred to owner's name

Hi, I own a flat which is not yet transferred in my name. There is no society formed. The electricity and water bills are still issued in the name of the builder. I have payed the entire amount of the flat and have taken possession of the flat. But the flat is still not registered in my name. What should I do to fix this. Kindly advise!
Asked 1 year ago in Property Law from Margao, Goa
Religion: Hindu
A. How did you obtain the possession without register the flat in your name is so arcane?

B. Before entering into the flat it should have registered in your name. Have you entered any Sale Agreement towards your flat with the builder? What about the other flat members status?

C. Issue a legal notice to the builder to register the flat in your favor immediately. You can approach the Consumer forum under the deficiency in the Service and Unfair trade practice against the builder in the event of failed to register the flat in your name. And also you can claim the damages under mental agony.

D. Once the all flat members obtain the legal documents with their respected flat through the registered sale deed, then only give green signal to establish the Association.
B.T. Ravi
Advocate, Bangalore
736 Answers
29 Consultations
5.0 on 5.0
1. If it has not been transferred to your name then on what basis do you claim yourself to be the owner of the flat?

2. Mere possession does not confer ownership on you. You can be evicted at anytime from the building.

3. Since the builder has taken the entire amount and yet not registered the flat in your name you should issue a lawyer's notice to him asking him to register it, failing which you can go to court to seek directions to him to register the conveyance deed in your favour.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
1) issue legal notice to builder to execute registered sale deed in your favour 

2) once sale deed is executed you can apply to service provider for issue of electricity bills in your name 

3) if builder fails to execute sale deed you can move consumer forum against builder for deficiency in service and seek orders from consumer forum to direct builder to execute sale deed in your favours1) issue legal notice to builder to execute registered sale deed in your favour 

2) once sale deed is executed you can apply to service provider for issue of electricity bills in your name 

3) if builder fails to execute sale deed you can move consumer forum against builder for deficiency in service and seek orders from consumer forum to direct builder to execute sale deed in your favours
Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
5.0 on 5.0
1. Well completion is sales by way of registered deed of conveyance is your right when the sale proceed is paid.
2. If builder is not doing so then you can file a case before the consumer forum and pray for same and for compensation as well.
3. Your prayers would be granted in no time.
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
Did you ask the builder to execute and register the sale deed in your name before taking possession?  Did the builder give you occupation certificate or completion certificate?  Did he acknowledge the receipt for payment of consideration amount in full?  Why did the builder not register the sale deed in your favor despite allowing you to take possession or occupy the completed building?  What is is his opinion/idea about this?
It is not an excuse that he handed over the building so that is sufficient irrespective of registering the sale deed in your favor or not.
You should have demanded the same at the time of payment of last installment, did you insist on this?
If the builder is lethargy or reluctant, you may issue a legal notice instructing him to perform his part of the contract as per the sale agreement on a date and time to be fixed by him or you, if he fails to do so within the time stipulated in the notice, you have options to file a suit for specific performance of contract or approach consumer forum for relief and remedy and also for damages for deficiency of services and mental agony.
T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
5.0 on 5.0
1. You aredeficientb in providing details,

2. Why has the flat not been registered in your name? Is the builder refusing to register it? Why is he so refusing?

3. Have you taken possession of the flat by yourself or the builder has given you its possession by issuing a possession letter?

4. However, if the builder has refused to register the flat then file a complaint case before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming direction upon the builder to register the flat in your name within 7 days, pay damage and cost.
Krishna Kishore Ganguly
Advocate, Kolkata
12088 Answers
229 Consultations
5.0 on 5.0

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