• Fit-out possession or Soft possession

Builder is asking me to take Fit-out possession or soft possession for my flat as due to Land owner and builder dispute. As one of land owner signature is required as "confirming party" for flat registration papers. but due to the dispute he is denying to sign on the registration papers. Ultimately I can not registered my flat despite of 100% payment done to the builder.
Building has received OC and peoples are staying there.

What should I do in this case?
Asked 2 years ago in Property Law
Religion: Hindu

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8 Answers

if OC is issued then where is the question of taking any fit out or soft possession???

at the highest your registration will be pending due to disputes between the builder and the owner

if OC is there then you can take the possession 


fit out possession is given when there is no OC

Here you say that OC is issued to the builder

so where is the question of giving any fit out or soft possession then?

since you have made 100% payment and the OC is also there, nothing stops you from taking the possession

the only pending aspect would be the registration of agreement for sale

im surprised why till now your agreement is not registered!

as per law upon receipt of 10% sale consideration the builder is mandatorily required to register an agreement in favour of the flat buyer

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

After oc you can take possession but through an registerd agreement. You need to check whether all the amenities are delivered by builder. Also seek indemnity from him for delay in registration documents if you are willing to seek possession 

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Take possession of the flat and send notice to builder. If not register in 4 months of purchase, penalty will impose. 

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Take possession of flat as OC is issued 

 

2) you can file case against builder and seek orders to direct builder to execute registered sale deed within stipulated period of day 3 months 

 

3) also seek litigation costs and compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

You can give some time to the builder and take possession in the meanwhile and the Registry/Sale Deed can be executed as and when. This is option 1.

 

In the alternative, you can approach RERA/consumer forma against the builder/land owners and seek direction against them for executing the formal sale deed in your favour. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

- Since, you have booked the flat after entering into an agreement with the builder , then it is his duty to register the property in your name after receiving the consideration amount , and he cannot deny for the same on any ground  

- You can take possession of the flat as OC has already issued to the building , and after getting possession you can approach the consumed court against the builder for the registration of the flat in your name . 

- However, if you cancel the booking due to the said fault of builder , then the builder is bound to refund entire amount with 10% interest . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Client,

Take Possession of the apartment and notify the developer accordingly. Failure to complete the registration within four months of the purchase will result in the application of penalties.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Fit out possession is basically a possession given to the owner which still has legal or some civil work left

If the builder is offering you soft possession, which means that you can take possession of the flat, but legal ownership has not yet been transferred to you.

Typically, a possession letter indicates when a building was completed or that the property is yours. It does not legally verify that you are the rightful owner. On the other hand, an occupancy certificate indicates the completion of the design, as it states the structure is ready for occupancy.

You have nothing to do with the dispute between the builder and the land owner.

If the OC is obtained and if you feel that this dispute will not be solved in the near future, you may better take possession with an assurance for transfer of title by a registered sale deed is executed within a time stipulated in the undertaking by the builder.

After that you can file a suit for specific performance of contract seeking court direction to the builder to execute the registered sale deed. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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