• Registration of house before possession

Hi Sir,

Bank( from which I have taken housing loan) is insisting me to get the property registered even though the house is under construction ( just basic structure has been laid).They state that if Registration is not done in a month, Bank will charge commercial rate of Interest ( 14-18%).The house completion is delayed by builder for more then 8 months now the moratorium period of bank is over.I had discussion with builder and he is ready to get the registration done.I have below queries:

1) Is it advisable to get the registration done before the house construction is complete and possession is not given to borrower?
2) Will the builder have any obligation to complete the construction once registration is done.If no, how 
can we ensure that he completes the project in time after registration?
3) Out of 65 lakhs loan, only 50 lakhs has been disbursed by bank till now.So, after registration will the bank still disburse fund as demanded by builder.

Thanks and Awaiting a quick response on this.

Vijay
Asked 4 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

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21 Answers

1. See you can get house registered before completion if the bank is insisting on the same if the builder fails to complete on time you may file a consumer complaint about the same. 

2. Yes builder has an obligation to complete the construction and promised amenities, for the same you can also take a separate undertaking from the builder. A clause regarding completion and handover can also be mentioned in the sale deed. 

3. After registration is done and sale deed is deposited in the bank, the bank may disburse the remaining loan amount.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. there is no harm in getting the registration in your favor, 

the registration of sale deed will make you the owner of the property, possession is completely different,

2. the registration will not bind the builder for handing over the possession, rather, he is bound by the agreement which he entered into with you at the time of sale of the property,

if the builder delays the project you can claim a compensation

3. if the loan is for the construction, the bank will disburse in installments 

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

1.  Yes, there is no restraint in getting the sale deed or sale agreement is registered even before the construction is completed.  This us often thd routine market practice. 

2. The obligation to complete the construction of the builder within stipulated time remains unchanged with the registration or not of the sale deed. 

3.  With the registration of the deed the remaining loan amount will be disbursed by bank.

Devajyoti Barman
Advocate, Kolkata
22840 Answers
490 Consultations

5.0 on 5.0

Hello,

  1. It is alright to have the registration done at this stage as there is a bank loan and the bank has taken due diligence in approving the loan  and besides the bank will have charge over the property only after the Registration happens.
  2. Completion of  construction and handing over of possession is not impacted by registration. However, there must be a clause/s in the Agreement between you and the builder(Agreement for sale) stipulating the completion of construction and handing over possession to you. You have remedies to seek specific performance from the builder and be compensated for the delay..
  3. The builder can demand disbursement fromcthe bank as per schedules in the Agreement. If the builder fails to complete his part of the obligations, you can ask the bank to stop further disbursement.  

S J Mathew
Advocate, Mumbai
3548 Answers
175 Consultations

5.0 on 5.0

It is in your interest to get registration of sale deed done in your favour 

 

2) builder is bound to complete construction within stipulated period mentioned in sale deed 

 

3) bank would disburse balance loan amount as per terms of contract 

Ajay Sethi
Advocate, Mumbai
94822 Answers
7560 Consultations

5.0 on 5.0

Bank generally insists for registration at pre construction stage when loan is sanctioned under subvention scheme. 

So i presumed loan is sanctioned under that scheme. If bank so desire you are left with no option but to register the property as per terms of the loan agreement.

Now by registrstion at pre construction stage both bank and builder shall be on safe side and all risks shall be shifted on your shoulder.

Builder shall be responsible to complete the construction but if fails to do so you have to take legal recourses. Now under RERA you may get quick relief. 

Disbursement of loan by bank depends on  progress of the work.

In future it is advisable  not avail the subvention scheme. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Dear Sir,

You are suggested to write to bank the current situation of the construction because the bank is only willing to waive of its responsibility of giving you the housing loan irrespective of the fact that you are not getting the possession and occupation certificate. It may also due to connivance with the builder, who is failing in his obligation. Hence, you are suggested not to go for the registration and first ask for completion certificate, clearance from the concerned authorities, the possession etc. If you get the registration done, you may not screw the builder if he is committing default further. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Hello,

Yes you can have a agreement for sale duly registered but a flat which is under construction cannot be registered without the completion certificate by the concerned authorities.

Regards

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

Bank cannot change the rate of interest and same conditions will continue on which laon was granted. 

Also, if registration done than builder may not complete the project. For delay in construction, builder is liable to interest.

And sale is not complete without delivery of possession.

Complin to RERa for delay and request to grant you interest on delayed possession.

After registration bank will take custody of sale deed to secure loan and installment will continue.

Yogendra Singh Rajawat
Advocate, Jaipur
22662 Answers
31 Consultations

4.4 on 5.0

1. No 

2. You can not ensure that builder completes the project on time. Appropriate remedy can be exhausted if the builder fails to complete the project on time. 

3. Yes. if the loan has been approved for 56 lakhs then the bank will approve the said loan. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

Registration can be done. It's not related to possession but you can send notice to builder that if possession is delayed and flat is cancelled then builder will bear the charges. If not then you can state that you will do registration once the oc is received

Prashant Nayak
Advocate, Mumbai
31968 Answers
181 Consultations

4.1 on 5.0

RERA, Consumer Act are very strongly favouring the buyers. Sale deed can be registered but builder cannot deliver possession of flat with obtaining OC/ completion certificate. In the sale deed you will incorporate the clause that builder shall obtain completion certificate within one year(period) and handed over the possession and also include default clause.  Builder can collect maintenance only after OC is issued and possession delivered to flat owners

Ajay N S
Advocate, Ernakulam
4078 Answers
111 Consultations

5.0 on 5.0

A contract must be in place for the land and construction over it. If tehy had promised to deliver you a completely constructed house then i don't think that doing registration is a good idea.

The builders generally default on their promises. The bank will keep on charging interest and EMIs. Therefore see to it that the project is completed.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

1. Banks do not give loans for unregistered properties. Hence it is mandatory to have registration documents for the approval of loan . 

- However, many bank sanctioned loan on the ground of agreement to sale as well. 

- Hence, there is no harm ,if the registration is done before completing the construction work. 

2. For delay in possession , you can claim compensation from the builder , and the builder is bound to compensate .

3.  Bank will disbursed balance loan amount as per terms of contract , and may be under the heading of Renovation.

Mohammed Shahzad
Advocate, Delhi
13282 Answers
198 Consultations

5.0 on 5.0

1. No. It is not advised to register a sale deed of a house construction of which has not yet been completed. Without completing the construction, the developer is not expected to obtain the OC/CC for want of which you can not take possession of the said house.

 

2. It all depends on the sale agreement you have entered in to with the builder where in the terms of completion of the construction has  been mentioned. You can not force the builder to complete the construction for the sole reason that he has registered the title of the house in your favour.

 

3. It depends on the loan agreement you have entered in to and the terms of the disbursement mentioned in your loan sanction letter. The said disbursement should be as per the sanction letter.

Krishna Kishore Ganguly
Advocate, Kolkata
27220 Answers
726 Consultations

5.0 on 5.0

1. Yes ofcourse, get the registration done after this Corona thing is over. 

2. Get the completion terms mentioned in the registered documents. 

3. Yes/May be.....it might be written in your loan agreement that when and how much payment will be disbursed 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. Yes it is advisable to register flat before completion of construction.

2. Builder is bound by rules of RERA and he will always be under obligation to complete the project due to deadline given in RERA. 

3. Yes bank will disburse the Amount as per home loan conditions. 

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

1. Actually taking possession without completion of construction and also without OC is illegal.

A completion certificate is an essential and mandatory official document authorizing that a new building has been constructed and completed as per the safety norms and guidelines of the Buildings Act.

This certificate is issued by the local authority after inspecting the completed building.

Instead you get the sale agreement registered so that it is confirmed as far as bank loan is concerned.

2. Builder cannot be trusted about the completion of the flat as per the conditions of sale agreement in all respects if the property has been registered to your name before completion of the construction.

You cannot insist the builder and force him to complete the provisions of amenities and other facilities if he is not doing it after the registration is completed.

3. The bank has to disburse the sanctioned loan as per conditions of loan agreement.

 

T Kalaiselvan
Advocate, Vellore
85023 Answers
2209 Consultations

5.0 on 5.0

1) When Sale Deed (SD) is executed, a condition will be there as to "handing over possession of the property".  It is your option to get the SD registered in your favor before completion of construction.

2) You can also enter into an MOU with the Builder to complete the work within a specified time pertaining to the work left uncompleted capturing the details of SD i.e., before getting the SD registered.

3) The disbursement of loan will be as per the Terms and Conditions of the Loan Agreement.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Even Possession is the prima facie evidence of the ownership but without valid registration the possession is illegal. 

The bank will send you a confirmation letter after disbursal of the loan amount either as an email or as a paper copy along with a welcome kit

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

it is in your interest that the property registry is done

all the terms like stipulated date of completion of construction can be mentioned in the sale agreement to be registered

the builder will be bound by his obligations contained in the agreement to be registered and you can enforce those obligations in the event there is any breach by the builder

the disbursal of the funds to the builder will depend on the bank and how much loan the bank has agreed to give you

Yusuf Rampurawala
Advocate, Mumbai
7523 Answers
79 Consultations

5.0 on 5.0

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