Can builder stop registration of flat by flat owner.


Dear Legal professionals/knowleageable forum memebers,

As you are aware for decades builders/promoters used to extort money from flat owners by not giving NOC or registering flats without extorting a chunk of money from buyers.

The new law RERA has given flat owners rights to escape such blackmail and extortion by builders.

My question is: If a flat was not registered in the person's name who bought it and lived in it for 30 years because the builder refused to register unless flat owner pay many lacs rupees to him.

Has this changed ?

  1. under RERA, Can a flat owner go directly to sub registrar, produce paperwork, pay all stamp duty and dues and get the flat registered without the builder's permission or without paying bribe to builder. Can builder stop flat owner who directly tries to register his flat ?
 
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RETIRED JUDICIAL OFFICER

No, but it is possible if you take court order. If court orders for registration then a Court Commissioner will accompany you and signs on behalf of the builder.


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p

@ Aks 

Which state you belong , asking this question because some effect of state law is required to be taken into consideration , Certain provision are made in Maharashtra for such case. So asking whether from Maharashtra

 
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p

Resp.Kishan Dutt Sir,  

Can you please explain the procedure which type of suit is generally filled in such cases (as recommended by you) and relief claimed. 

In Maharashtra Inspector general of registrar has issued notification stating as per Maharashtra Stamp
Act , if proper stamp duty is paid and papers are adjudicated same can be admitted as evidence in court as per relevant section of state stamp act.  So here generally at present just sent the paper for adjudication get relevant in writing that stamp duty is paid properly or deficit stamp duty is paid and that document is held valid even in Hon. Court . 


So the method which you stated myself is sincerely not aware off hence trying to gain more knowledge 


 

 

 
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The flat is in Kolkata (West Bengal)  RERA got passed in WB last month. There has been extensive builder fraud

and extortion from helpless flat -owners as only builder was allowed to get the title registered. A lot of flats in

Kolkata are UN registered and families are living there for decades without registration.

I read on news sites that if the builder refuses to register the flat , under RERA provisions, flat owner(consumer)

can get the flat registration done directly bypassing the builder.  Of course, all stamp duty and taxes will have to

be paid by consumer.

I am looking for confirmed and solid information about this from anyone who is familiar with new law, RERA.

 
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Advocate

Basically, a conveyance for sale needs to be executed by the seller. Admittedly, you have been put in possession long back. As suggested, you can approach the Court and get the deed registered.

 
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No you cannot directly  go and register the document. You can approach the court and get an order for registeration of the sale deed and register the document.

RERA will be applicable only if OC is yet to come. since you are in possession past 30 years I assume the OC is in place.

Projects for which OC has not come have to be registered under RERA and thereby RERA rules will be applicable.

For your information section 13 of the Rela Estate and  Devlopment act 2016 states a builder cannot take advance money from the customer without registering a agreement for sale.

 
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Thank you Adv Patel David,

I have inherited this flat in Kolkata thru my father's last will. My father got it constructed by a builder 30 years ago and my parents lived there for 30 years. (both deceased now) I have a construction agreement and a sale agreement between builder and my father . Builder got cought in many fraud cases and his company is "strike off" for many years. I am in process of getting will probated which describes the flat in detail. In sale deed, it says stamp duty etc will be paid by my father. Parents got possession in 1987. Municipal record shows shows fathers name as person liable to pay property taxes .

Parents   not only lived in the flat but paid property tax etc for 30 years and I am paying property tax now. 

Under RERA, how the title deed can be done in my name.  Please advice.

 
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If you had fulfill your agreement with flat owners and now builder is not transfering the name of yours then just simply file suit for declaration in court, the court will appoint a local commissioner on behalf of the builder and the same will be transfer in the name of you in the office of sub-registrar. 

 
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Dear Aks,

You may get your will probated. May also apply for suit for declaration in court regards your title pn the property.

Please get your papers verified by a lawyer and check if you can claim adverse possession on the property.

RERA may not be applicabel to you as its an old property, However check the WB Rera rules.

Any lawyer will be in a better psoiton to advice after checng the available docuemnts.

Regards,

 

 
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