Legal Question in Real Estate Law in India
Real Estate and Real Property
I have entetered into an agreement with a promoter to buy a flat but after completion of the flat the promoter did not register the flat on my name. In the course of time i have already got the tax bill from the municipality. Has there any option so as to the the flat could be registered on my name without any help of the promoter and the owner of the land but with the help of the Government.
4 Answers from Attorneys
Re: Real Estate and Real Property
you say you have a builder's agreement - do you have a sale agreement in your favour? if you do -have you paid the entire sale amounts due? - do you have any records of it? - or the recitals in the sale agreement to that effect of payment recived? - if you do and the period of the agreement counts - contact a lawyer issue a legal notice to the builder and land lord to execute a sale deed in your favour. after that you can go in for a suit seeking compulsary registration of the flat. but at the same time see/ findout if the builder had sold the same flat to someone else? - in that case he had -then go in for a criminal complaint for cheating - in any case do not part with any of your documents with any one - even the police - a xerox copy would be fine!- keep the documents safe - you may need them to be filed in court ( in case you are filing a case!)
Re: Real Estate and Real Property
Please pay the Municipality Tax in your name on behalf of the Owner of the landlord.
Please see to it that though the owners name will be written in the tax receipt, but insist your name as the Agreement holder.
As for the Registration of the Flat you have to file a case in consumer court if you have paid the full amount otherwise file a case in Regular case statiting that you are ready to pay the balance full amount now and keep the amount in ready.
Regards.
B.Balasubramanya.
Advocate.
Re: Real Estate and Real Property
It is common in this forum that people dont give details, like you have not mentioned where the flat was to be registered in your name. I presume you are referring to conveyance deed. It is possible by filling a suit for specific performance of the aggreement between you and the promoter. In this suit you will have to implead both the promoter and the owner. Further, you have not mentioned whether you have taken possession of the flat not. This too i presume you have. If yes, you must pay the tax.
Re: Real Estate and Real Property
At present no such law exists by which ownership can be transferred by Govt. Such a law is being considered to be implemented.