The project is Real Estate (Regulation and Development) Act, 2016 registered, builder cannot get away with any deficiency in service. Even after registration you can enforce your rights under Real Estate (Regulation and Development) Act, 2016, Consumer Protection Act, 2019 and criminal law. Oc will be provided by gda ultimately. Ocs cannot be denied by municipal authority.
Registration of property in Ghaziabad before completion
Our property has been delayed by the builder by over 2 years. We have made full payment, and they were supposed to provide us the final fitout. However, before completing the final fit out - such as tiles, bathroom, kitchen, water supply, electricity connection , they are asking to register the property with GDA. There is also an ongoing case with GDA (ghaziabad dev auth) on Fair Air Ratio, which has resulted on OC's being on hold. When asking the builder to provide final fitout, they are insisting that we register the property. Can we go ahead and register? Will that stop us from claiming any legal penalties from RERA later on? What should we watch out for, to make sure that builder is not washing his hands off?
Asked 2 years ago in Property Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
10 Answers
Registration of sale deed is in your interest
it does not debar you from filing complaint against builder before consumer forum or RERA
3) you can seek compensation from builder for delay in delivery of possession
Is there any standard agreement that is used for registration? We are being forced to go via a lawyer assigned by the builder, who is not ready to share the registration agreement beforehand, and claiming that its the standard one.
Asked 2 years ago
There no such standard draft of sale deed. it changes according to needs of parties and need of circumstances. If the draft is not being shown means there is something to hide. You can obtain the draft and share with you lawyer. it is not proper to any document in such manner.
There is no standard format
you are entitled to copy of agreement before you sign the same
get it vetted by lawyer
The builder cannot force you to take possession without providing OC to the flats.
Especially if you take possession of the flat without being completed in all respects, you cannot claim penalty from builder from the date of taking possession of the property.
The authorities may not provide basic amenities viz., electricity connection, water supply etc., without the OC being provided by the competent authority to this apartment complex.
The OC is being withheld due to the notified lacuna on the part of the builder, hence he is required to rectify the irregularity unless the GDA may not sanction OC as well.
Therefore yo may inform the builder to first complete the entire constructions in all aspects and then obtain OC before handing over possession.
You can approach RERA if he further forces you to take possession without completing the constructions in all respects and can ask for refund of your booking amount with interest up to date .
Yes you can do the same and register the same
You refuse to accept the registration of the property for the reasons as already suggested in my previous post.
Besides, you can categorically state that without knowing the contents of the document in advance you are not willing to sign the papers at the last moment.
You can inform the builder that you have to get the documents vetted by your own lawyer before you can sign the documents.
Remember that you are not at the mercy of the builder.
You have lot of legal avenues open to recover your money from the builder.
- As per the RERA Act, if the builder is delaying in construction & delay in possession, then the builder will have to pay 10% interest on the value of the property for delayed possession of flats.
- Hence, if builder fails to delivers the possession of the flat to you on time, then you can cancel the agreement due to his fault and you are liable to get full refund of paid amount with 10 percent interest.
- Further, if you get the possession of the said flat lately, then also you can claim 10% compensation from the builder.
- Further, Occupancy Certificate evidences the completion of the building as per the approved plan and compliance of local laws.
- If the builder is unable to obtain the occupancy certificate, it means that the builder has violated building law or deviated from Construction Plan, and further it is illegal to occupy in a building or apartment that doesn’t have an occupancy certificate.
- Further, It is illegal to occupy in a building or apartment that doesn’t have an occupancy certificate. Buildings without OCs are not given a water connection and are charged a higher property tax.
- Hence, in the absence of an Occupancy Letter, you should not accept the possession letter from the builder.
- Hence , you can seek refund the entire amount even after registering the property .
Dear Sir / Ma'am,
The draft depends on the parties and their situation and there is no standard format for the same. However, kindly note that you have all the right to get a copy of the draft before registration. Kindly contact your local lawyer for better help in this matter.
Thank you.
If yoyo take the possession of the property, it is assumed you have no grievances lefts, ad you have nothing to agitate against the builder.
Better, you raise your claims at this moment itself, prior to registration of sale. deed. Else, you will only be able to file a complaint seeking compensation before the AO under RERA Act.
