Hi,it is advisable to file civil suit for declaration in court ,,

File a declaration suit against the registering authority and the builder to declare ypur ownership, 

Registering authorities will register it to your name on basis of court orders

Registered sale deed is necessary to confer clear and marketable title to property 

2) file suit for specific performance to direct builder to execute registered sale deed in your favour 

3) in alternative file complaint against builder before consumer forum and seek orders to direct builder to execute registered sale deed in your favour 

Is it agreement to sell with possession ? if yes than equivalent to sale deed. 

Well, to register sale deed, have to file suit of Specific performance, notice will issue at builder last known address. He will not appear in court. Court will appoint commissioner (as buyer) to execute sale deed. 

1. File a case before the consumer forum.

2. If you have proof of payments in full and r is willing to pay the remaining the amount then the forum can grant order of registering the property in your name with or without making the remaining balance as the case may be.

3. Now if the builder is found missing then in the execution proceeding you can get the deed registered through the office of the consumer forum.

4. So there is no reason of much worry and do as advised above.

Dear Sir,

-Do try to get the property registered with local revenue authority. However, in case it shall be difficult. 

- If Builder has run away and you do not have the proper authority to hand over the property in a legal way in that case you shall have to file a petition for declaration of a property in your name to have the title of property. 

- Feel free to connect with all the documents.

Regards

Vivek Arya

1. You have to file a suit for specific performance against the builder before the civil court.the court based on agreement to sale and payment order to register property in your favor.

2. You can also file a police complaint and register FIR against builder.

1. IF the "agreement to sale" is duly stamp duty paid & registered, THEN you can apply for adjudication & directions to register Sale Deed (with the available documents) and  Police Report relating to Builder.

2. Do the above thru a local property lawyer or registration agent.

Registration requires that both the parties are present. As he is on the run you cannot register the property. You have to wait till he or his representatives are present.

- As per the Supreme Court Judgement in the matter of Suraj Lamp & Industries Pvt. Ltd. Vs State Of Haryana , A sale transactions carried in the name of Sale agreement /GPA/WILL etc, have no legal sanctity , and immovable property can be sold or transferred only through registered deeds.

- Hence you need to execute a Sale deed in your favour for becoming a legal owner of the said Bungalow. 

- Since the said builder is marked run and is blacklisted , hence you should firstly lodge your written complaint with the police against him . 

- Further , lodge your complaint with RERA as well. 

- If no response, then file a suit for specific performance , after mentioning the known address by you , for getting registration in your name. 

- If the builder fails to appear before the court or summon of the court not served upon him , then the court will order for affixing and publishing the said summon , and finally on the ground of non appearance before the court , court will direct to registrar to execute sale deed in your name with the help of court staff/process servers.

You can seek a suit for registration of the same before civil court. The court will pass directions to register the same in your name after seeking documents in your favor

1. The sale deed can be executed by only the seller, and none else.

2. If the seller is absconding then you have to wait for the seller to return.

3. You may sue the builder in consumer forum but if the builder is on the run then you will not be able to even execute the decree of the court

Give them a demand notice if not complied file a case in the consumer forum. 

You may have to file a suit for specific relief seeking to enforce specific performance of contract against the builder.

In fact you should not have waited for such a long time for initiating legal steps on this.

The builder absconded hence you could not take any legal action in this regard,

Well, that is not a problem to get a legal solution for this crisis.

Even now you can issue  a legal notice to the builder instructing him to execute the registered sale deed in your favor on the basis of the sale agreement and other relevant papers held by you.

Let the legal notice be returned undelivered stating addressee left or no such addressee. 

After that you can approach court and file the suit for specific performance of contract, follow the procedures of law to get an exparte decree against the builder.

After that you can get the registered sale deed executed in your favor through court directly.

You can consult an advocate in the local and proceed on the basis of the suggestions advises received. 

Apply to registrar alongwith all documents to enforce the seller to be present before him for registration. 

Or file a suit for specific performance of the contract as to registration of sale deed and seek interim injunction on the transfer of the property by the seller. 

You can also file cheating case against the seller under criminal law. 

Dear querist, 

please check whether what was executed was Agreement to sell or was it sale deed?

In case, what you have is an agreement to sell, then, as per law you will not be considered as the owner of the property. In that case, you will have to file the suit for specific performance of the contract. 

In case, you have the sale deed, you have to approach the registrar with all the document and on payment of the stamp duty and registeration charges, the property will be mutated in your name. 

In case you need my assistance, you can contact me for consultation. 

Regards, 

YUGANSHU SHARMA 

ADVOCATE

You need Sale Deed to have title flow from Builder to you and to have clear marketable title of the Bungalow.

You issue notice to the Builder at his last know address, calling him to Register the Sale Deed within a period of five days from date of receipt of notice.

Failing which, you can file case before Consumer Forum, seeking direction from Forum against the Builder for execution of Sale Deed in your favor.

You can also seek damages and costs of litigation for causing mental agony.

Dear Sir/Madam,

You are suggested to serve the notice to builder (even by way of newspaper publication) and then file the case of the specific performance in the court.  

1. You should file a suit for declaration of ownership against builder and his legal representatives. 

2. In this suit claim specific performance of registration of property on your name.

you have to file specific performance against the builder and you have to show you are ready to perform your part to register deed. for that you have to send legal notice stating that you are ready to perform.