I have purchased a flat in 2001. It was a three party agreement consisting of buyer (myself) , owner of the land and builder. The owner resides in USA and was represented by a relative by power of attorney. The building consists of 8 flats out of which 7 have been registered by the representative of the owner. I had delayed the registration from my side initially. However when I approached the builder and owners representative for registration , the owners representative refused to do so due to some family feud. I am not getting any response from the owners. Is there any way of registering the property.
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1) for 15 years you have failed to register flat in your name
2) to confer clear and marketable tithe you need a regd sale deed in your favour
3) if owner representative is refusing to do so contact the owner of land and builder to resolve the dispute
4) if necessary issue legal notice to builder and owner in this regard
The owner is a NRI and not traceable
1) file complaint against builder to direct him to execute regd sale deed in your favour
2) land owner should also be made party to complaint
3) if owner not traceable serve him at his last known address .
4) apply for substituted service ie by paper publication
builder is cooperating and ready to do the registration
If builder is cooperating request him
Ek execute regd sale deed in your favour
This is quite common problem in Kolkata.
You have to file a case in consumer forum wherein the forum will not only direct them to register the flat but you will get compensation as well for delay out of it.
Feel free to contact.
You can file a suit for specific performance ahainst the oener anx his PIA in India to honour the agreement by executing the sale deed in your favour or refund the advance with interest to you
1. What has been mentioned in the development agreement entered in to by and between the land owner and the developer in connection with registration of the developed flats?
2. Has it been mentioned therein that the land owner or his legal representative shall have to complete the registration?
3. What is the role of the developer in connection with the said development agreement?
4. However, if he who was responsible for the registration of the said flat as per the sale agreement has refused or neglected to do that, you are required to file a complaint case against both the land owner and the developer before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming immediate registration of the flat with damage and cost and also penalty for an amount to be decided by the Forum per day for delaying in registering your flat even after the said order is passed,
5. Cases before the consumer Fora are disposed of much faster than the Civil Courts.
1. The flat you have purchased is from builder quota or the owner's quota of the developed flats?
2. Generally builder is authorised to register the sale made to its customers,
3. File the case as suggested in my earlier post snd send the notice through the Consumer forum to the last known address of the land owner and also his POA holder.
1. Is the builder authorised to register the flat as per the development agreement or the tripartite agreement signed by all the three of you?
2. If yes, the get your flat registered through the builder,
3. If only the land owner or his POA is authorised to register the flats, then file the above consumer case as suggested in my earlier post.