Hi All, I live in Pune, Maharashtra. I have been living in a flat located in a single residential building co-op society since 18 years. My father bought it from the builder back in 1998, however, he failed to get the flat registered in his name from the builder due to personal and financial issues. The Electricity bill, however, is in my Father's name since he bought the flat. But, the property tax is still in the builder's name. We have an NOC from the co-op society proving that we have been living here since 1998. My father does not have any proof except for a piece of paper that shows a transaction showing that my father paid half the amount of the flat by cheque to the builder. My father states that he paid the other half in cash to save taxes, etc. We are not in contact with the builder since 1998 after buying the flat. The society maintenance receipts, electricity bills are all paid by my father, mostly by me but through my father's bank account as a proof.
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1) your father has to approach the builder to execute sale deed in his favour as full consideration was paid to the builder
2) if builder refuses to execute sale deed your father can approach consumer forum against builder for deficiency in service and seek orders to direct builder to execute sale deed
3) in the alternative father has to file declaratory suit for declaration that he is the absolute owner of the flat
4)contact a local lawyer
Your father does not have the title to the property if the sale deed is not registered in his favour. Electricity or Water Bills are not documents of title. Ask the builder to register the sale deed, and if he does not agree to do so then a suit for specific performance may be filed against him in the civil court. If he is not alive then his legal heirs can be sued.
Hello,
1) It is important to know whether you have an unregistered Agreement with the builder. If there's you can get the flat registered in your father's name.
2) You will need to get the stamp duty adjudication done at the collectorate and pay the stamp duty with requisite penalty and get the registration done.
3) Another option open to you is to trace the builder or his heirs and make them party to the registration. You will need to still pay the arrears of stamp duty in this case as well.
Try to contact builder and execute a sell deed in your father's favor by the builder.
Thank you all for the prompt response! It definitely gives me a direction to work into!
Good luck!
Thanks for your appreciation
Since your father is in possession of all the records to prove possession of the property including the evidence for payment through a cheque payment, he can first issue a notice to the builder to perform his part of the contract by executing a registered sale deed in his favor, let the notice be returned undelivered, your father can approach civil court with a suit for specific performance of contract against the builder seeking the relief of registered sale deed on the basis of entire amount already and hence the time is not essence of the contract.
Let it be an exparte judgment too, your father can get the sale deed registered on his name through court subsequently.
Consult a local advocate experienced on the subject and proceed accordingly
Thank you all for the prompt response! It definitely gives me a direction to work into!
You are welcome for the appreciations, you may contact a good advocate and proceed in a right direction.