• Final sale deed registration after 15 years

Flat was purchased in 2006 with Homeloan from a bank. Agreement for sale was registered with IGR but final deed was not registered. Again in 2014, property was revalued with IGR and additional stamp duty was paid.
Final registration is still pending.
I have been following up with the builder for last 6 months for final registration but he is showing no interest.
What are my options? Can it be registered now?
Asked 1 month ago in Property Law
Religion: Hindu

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12 Answers

- As per law & RERA Act, if the builder is delaying in construction & delay in possession or in registration , 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. 

- You can send a legal notice to the said builder for executing sale deed in your favor , and also ask him to pay the extra amount paid by you due to delay in registration. 

- Further, if no response, then file a compliant before the Consumer forum against the builder for the registration of the sale deed , and to claim compensation for mental harassment. 

Mohammed Shahzad
Advocate, Delhi
9707 Answers
116 Consultations

5.0 on 5.0

- If you have made payment of entire consideration amount , then the builder is bound to register title document in your favor, 

- Send a legal notice firstly , and if no response then either file a compliant before the Consumer forum or a suit for specific performance before the court. 

Mohammed Shahzad
Advocate, Delhi
9707 Answers
116 Consultations

5.0 on 5.0

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

 

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

Ajay Sethi
Advocate, Mumbai
87596 Answers
6134 Consultations

5.0 on 5.0

Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
87596 Answers
6134 Consultations

5.0 on 5.0

You can apply for registration for sale deed in the nearest SRO. There sub registrar will help you to transfer the flat on your name directly without builder.

 

Let sub registrar officer sent notice to builder.

 

Kindly check stamp duty and registration fees are paid at that time fully, but still you may need to pay difference of stamp duty amount according to current stamp duty.

Ganesh Kadam
Advocate, Pune
12329 Answers
189 Consultations

4.9 on 5.0

Yes it can be registered after paying late penalty. 

Prashant Nayak
Advocate, Mumbai
26998 Answers
84 Consultations

4.4 on 5.0

You first issue a legal notice to the builder demanding the execution of registered sale deed in your favor.

If he fails to respond or comply with the demands made you can file a suit for specific performance of contract against the builder to get the sale deed through court.

T Kalaiselvan
Advocate, Vellore
77748 Answers
1509 Consultations

5.0 on 5.0

You were advised to first issue a legal notice demanding the builder to execute the registered sale deed, failing to respond you may approach court for relief and remedy.

T Kalaiselvan
Advocate, Vellore
77748 Answers
1509 Consultations

5.0 on 5.0

Firstly send them legal notice through an advocate.  In case notice does not work, you can file suit for mandatory injunction; complaint with RERA or consumer court.  Mandatory injunction is the best option in my opinion.

Dalip Singh
Advocate, New Delhi
1034 Answers
36 Consultations

5.0 on 5.0

File a suit for specific performance of agreement and get the sale deed registered by the direction from Court.  Old account and they do not have the records, is not an excuse to refuse registration. As possession is with you, limitation of three year is not applicable. You need to pay fresh stamp duty.

Ravi Shinde
Advocate, Hyderabad
2490 Answers
41 Consultations

5.0 on 5.0

Dear Client,

As per the facts which have been provided, if you have made full payment of the consideration amount then send a legal notice to the builder for sale deed registration.

Thank You.

Anik Miu
Advocate, Bangalore
4635 Answers
50 Consultations

4.9 on 5.0

Dear Sir,

 

You can approach the consumer court being a consumer to the builder.

It is the Builder's liability to get all the documents in place.

 

Regards

 

Vivek Arya

Vivek Arya
Advocate, Gurgaon
750 Answers
6 Consultations

5.0 on 5.0

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