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tvrao (engineer)     07 March 2018

Flat registration is not done by the builder

Dear Lawyer,

We have purchased a flat in chennai from a builder 20 yrs back. That flat was actually booked by our neighbour in the begining but after 2/3 installments we have purchased &  got it changed on our name in builder's record. After full payment, flat was handed over to us without registration and we are residing there for these many years (till now flat is on builder's name). All the property taxes, water bill etc are regularly  paid by us but only electricity bill is generated in the name of builder, it is also paid by us.

Recently we have asked the builder to register the flat on our name, but they refused to do it explaining that company is already closed 3 yrs back and we cannot do anything in this case. Now in these circumstances we are not in a position to sale the flat without registered documents.

Kindly advise how we can get the flat on our name, Flat is in chennai

Thanks

tvrao



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 8 Replies

R.Ramachandran (Advocate)     07 March 2018

There is lot of information which you have not revealed here.  You may think that they are not important, but for giving legal view, those are important.

tvrao (engineer)     07 March 2018

Dear sir Thanks for replying, Kindly suggest what else the details are required Regards Tvrao

tvrao (engineer)     07 March 2018

Dear sir Thanks for replying, Kindly suggest what else the details are required Regards Tvrao

R.Ramachandran (Advocate)     07 March 2018

You have all the details right from the beginning.  Tell chronologically one by one.  

Kumar Doab (FIN)     07 March 2018

You have grossly erred.

Paid penny by penny but did not register by sale deed…!

Now builder has declined.

Approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in consumer/civil matters  and having successful track record……………and worth his/her salt….

 

tvrao (engineer)     08 March 2018

Dear Lawyer, I agree, we have kept ourselves in deep trouble. Pl give some solution how we need to proceed. pl find the information in chronological order -Mr. X, our neighbor has booked a flat in yr1995 -After 2/3 installments payment by X, we have entered and taken over the booking. - we have started paying builder through cash/ bank cheques but fail to change the name on our name in builder's record. - builder continued to issue the receipts on X's name until full payment and all the receipts are available with us. - in between, flat no that was originally booked by X also got changed. A letter was to issued to X regarding the change in flat nos. - after completing the flat construction, we have taken procession but delayed the registration due to the booking & payment made is on others name. - we couldn't line up the things for registration believing the builder will do it some time conveniently - time has passed 20yrs, we continue to stay in house without any registration - all property taxes, municipal taxes are paid in our name - electrical charges appear in builder's name, we continue to pay the same too - recently when asked builder, he says company is no more and can't help. In short, we have occupied a flat without registration after paying full payment on other's name. Now how to sell the flat that is in our possession but without documents. kindly suggest a solution in this case Regards Tvrao

R.Ramachandran (Advocate)     10 March 2018

You have to file a suit for declaration of ownership/title to the property.  Consult a lawyer in your locality well versed in property matters, discuss the thing and take further steps as may be advised by him.

tvrao (engineer)     10 March 2018

Thanks for the guidance Do we need to take any consent or noc from anyone?

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