Delay in getting property registered
Good Evening Sir,
My Father had given Advance Payment of INR 28 Lakhs in 2013 to a builder in Jharkhand who got arrested soon after the payment over some issue with another person. Subsequently, in June 2014 he gave my Dad an Agreement for 2 flats and 2 small sized shops in the same project which resumed in May 2014. Nothing happened for 1 more year. In August 2015 my dad submitted a form with his photograph and signature to a deed writer. The deed writer has also provided a draft deed and assured that it would be put up for registration. However, even after one year registration is yet to take place. The lawyer of the builder claims that bargaining with the registrar for bribe has been the cause of the delay. My question is: Is the copy of draft deed a proof that our case has been put up for registration? If not what else we can do to get a proof that indeed our case has been put up? If God Forbid something happens to my Father in the meantime do I have right to claim this property just on the basis of the agreements? Is the agreement valid beyond three years?
Asked in Property Law from Bokaro Steel City, Jharkhand
1)your father can issue legal notice to builder to execute registered sale deed for 2 flats and 2 shops
2) if builder fails to do so your father can file suit for specific performance .to direct builder to execute registered sale deed in his favour
3) suit for specific performance has to be filed within period of 3 years
4)on your father demise you can make application to court to be added as party to suit along with other legal heirs
5)if copy of draft deed has been forwarded to builder it would be proof that there is no delay in your part
6) for registration of document both parties have to attend court and submit document for registration
Your deed may be put up for registration but unless the sale deed is registered the title would not pass to you. What you have been told by the deed writer is a lame excuse designed to delay the conveyance of the title. The remedy for you is to issue a lawyer's notice to the builder to ask him to register the sale deed in your favour forthwith, and if he does not honour his liability even after the receipt of the notice from your lawyer then sue him in the consumer forum for registration of the property and delivery of possession with compensation for delay as the act of the builder falls squarely within the definition of ''deficiency in service''.
The contents of the agreement is to be seen for giving a proper opinion to that.
An unregistered agreement is not valid i the eyes of law and cannot be enforced.
Your father should issue a legal notice to the builder immediately demanding his money with interest or the agreed property to be registered in his name s agreed upon b the builder.
Discuss with a local advocate on the issues involved in this properly by producing all relevant documents before him and decide next course of legal action on this at the earliest.