Issue legal notice to seller to execute registered sale deed in your favour 

2) if he refuses file suit for specific performance in district court  

If the project started in the year 2016, Please approach West Bengal RERA to address your grievances against injustice being caused by the Builder and get it set right by the Authority. 

If project started before 2016 then move before Civil Court for injunction and specific performance of Contract and project against the Builder and developer of the project. 

1. There seems to be no option but to file a Suit in the local Civil Court and seek directions to the seller to register the Sale Deed.

2. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.

3. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

1. Don't worry.  Since you are in possession of the property you have a good case. 

2. Since your seller is a developer and the sale deed is refused to be registered then it's a fit case where you can file case before the consumer forum wherein you would get both order for registration of sale deed and compensation. 

3. The absence of a formal sale agreement is no problem in doing this. 

You need to file the suit for specific performance and get it registered in your name

You file a suit for specific performance of contract against the seller seeking to direct him to execute the registered sale deed in your favor after receiving balance of sale consideration amount. 

If he fails to obey court orders,  you may get it registered through court directly. 

Dear Ma'am,

You can get issued a legal notice calling upon the seller to register the flat.

If he does not comply you'll have to institute a suit for specific performance. The court will direct the seller to receive the balance sale consideration and register the flat.

It is advisable that you initiate the process as soon as possible.

Best wishes.

You can apply in the SRO office to registered flat on your name and SRO will take charge of Seller.

You need to pay stamp duty and registration charges

File a specific performance suit against the seller for getting the required registration done 

Till sale deed not register, ownership doe not transfer. On the basis of letter and oral agreement, you have to file civil suit in court for direction to execute sale deed. Suit of specific performance.

your remedy is to file a suit for specific performance

First of all if there is any agreement to this effect you can file a case for specific performance. However it would be better if it can be discussed in detail.

You can get in touch with me via kaanoon so that the matter can be discussed thoroughly.

Regards

- Since, you have paid huge amount , then the seller is bond to execute sale deed in your favour. 

- You should file a suit for Specific performance before the court to direct the said seller to execute sale deed in your favour or to refund the amount paid by you with interest. 

Dear Sir,

You are suggested to first serve a legal notice and then file the case of specific performance against the seller. 

First you have to issue a legal notice to the vendor ask him to execute the sale deed if he does not turn up for execution of the sale deed then you have to file a suit for specific performance. 

You should lodge an fir immediately. A suit for specific performance of contract should be filed in the civil court.

1. You should first send legal notice to seller through your advocate for registration of flat. 

2. Then file suit under specific performance act against seller for registration of flat as per agreement if  he still doesn't go ahead with registration even after legal notice.

1. You should have asked fro legal advice before paying the seller the said amount.

2. You have got possession of the flat but not its title.

3. You do not know whether the seller has cleared his dues after receiving Rs.40 lakhs from you and if he has not repaid the loan, the said flat still stands mortgaged with the lending Institution who can invoke SARFAESI Proceeding and take possession of the said flat with the help of Police based on DM's order u/s14 of SARFAESI Act and in that case, you will be no where in connection with the said flat.

4. File a Recovery Suit claiming refund of the entire amount paid by you with interest, damage and cost before the local Court.