Issue legal notice to builder to comply with RERA order
2) if he fails to comply take out execution proceedings against builder before RERA
3) you cannot take physical possession if you don’t have registered sale deed
How may I get my FLAT registered sale deed having project land A-Khata and Government mandated e-Khata since Dec 2024
I have purchased a residential apartment in the XXXXX project of CUBATIC (the Builder) in the Bangalore (BBMP region), and entered into an Agreement of sale with the builder on [deleted]. The Project is delayed incessant, and lapsed as the Builder had promised the Possession by June-2017 along with Occupancy Certificate. Builder have sold most of its share and mis-manipulated the funds. Builder have attempted half hearted attempts to get temporary electricity and minimum basic services so that buyers may register and live-in if they desire so. As a result, many buyers registered and possessed their apartments during 2021-23. I decided not to register until permanent BESCOM with generator backup, Fire safety, essential amenities / services and fully finished my apartment. The XXXXX Owners’ Association filed a K-RERA Complaint in 2023, seeking RERA help to enforce the Builder to complete all pending work of Project and obtain OC. Subsequently, an interim order is enforced by the K-RERA on the Builders, Restraining any new sales / registration so that he focuses on project performance. Now, with the Endless Delay of 8 years to get OC, the project is progressed with the help of K-RERA intervention and achieved many milestones including permanent BESCOM, Fire Safety, STP, club house, landscapes, gardens. Play areas etc, and my apartment in full. Although there is long way to finish all promised amenities and obtain OC, but project is OK to my satisfaction and meeting my criteria to register and take possession. So, I shared with the Builder my intent to get my apartment registered. Subsequently, to my request, RERA issued o interim order to the Builder to complete Registration and handover the possession of my apartment o Directions to the IG Registration Office allowing Registration and vacating interim Restraining Order in respect of my apartment. Despite the RERA order / letter, he is now pretending that the project land have A-Khata and now the BBMP have mandated e-Khata as pre-condition for the registration, new registrations are difficult. Also, he is in dilemma to get / change to e-Khata, as most of the registrations have been done based on A-Khata of same project land. With current scenarios, I seek your advise on o How may I deal with the Builder to get my apartment registered and take in physical possession. o What best direction / approach Builder may be suggested on valid khata for the registration in Bangalore (BBMP regime) as he already registered most apartments with A-Khata and the e-Khata being mandated since Dec 2024. Any alternate / deviation is welcome that may help in here. o Any issues / abnormality to take physical possession of my apartment while the registration is pending and getting delayed. o Any additional advises that my help me legally to safe guard my interest without any setback.
Asked 7 days ago in Property Law
Religion: Hindu
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
6 Answers
Thanks Sir, But, kindly clarify why is it discouraged to take possession of the property with pending registration and builder is supportive in favor of physical possession issuing a possession letter. As the registration is getting delayed, if possession helps doing interiors and allows me to put additional / separate lock, restricting access to any other party including Builder, why is it not acceptable legally. Early possession is mutually agreeable and favors me. Kindly help on this thought and idea.
Asked 6 days ago
Builder cannot deliver possession unless OC is issued
you need registered sale deed to have clear and marketable title to property
your maintenance will start once you tahe possession of flat
Your grandmother had no right to make a will in 2021 for the property already gifted by registered deed in 2005 — unless that gift is first cancelled by a court.
The will alone does not cancel the gift deed.
✅ You can file a case to cancel the gift deed on grounds of fraud/misrepresentation, using:
-
Her will,
-
Her tribunal complaint,
-
Her not-pressing memo,
-
Witnesses' support.
But you’ll need strong proof of fraud to succeed.
e-Khata is mandatory for property registration in Bangalore, {Link}: The Karnataka government mandated its use for all property transactions, including registration, starting October 2024. This initiative aims to streamline the process, increase transparency, and reduce fraudulent property deals.
Don't register properties without e-khata: Govt to sub-registrars. The directive comes after some sub-registrars were found registering properties without the e-khata. Bengaluru: The Department of Stamps and Registration has directed all sub-registrars to register properties by using e-AASTHI and e-khata software.
You may have to follow it up with your buider regularly and get it done.
Taking physical possession without registration of the property on your name is not advisable.
You will not be having title to the property merely based on possession letter.
In fact possession letter is given only after the property is registered on your name.
It will be your call if you proceed with physical possession alone.
It’s not acceptable legally but if court directs and orders in that aspect you can continue
