Registration without Builder Developer

This query is : Resolved 
 

(Querist)
29 May 2009

Dear All,

One of my friends, purchased a office space from a Builder in 1990, While paying consideration, he also paid for Registration and allied charges to the Builder. However, The Registration of The Office space could not be done, due to the Builders un-willingness. My friend got the possession of the property, which is let out by him since about 12 Yrs. He is getting muncipal Tax Bills also regularly in his name.
Now, last 5-6 Yrs Builder is not tracable.
In the above situation, Can my freind can register his property in his name with Builder ? What document he should prepare for Registration ? What will be supporting documents ?
The property is situated at Pune, Maharashtra.
Regards
Suren




Guest (Expert)
29 May 2009

Without the seller's signature, a document cannot be registered. Since 1990, unregistered?

In normal process, if a seller/buyer is unwilling to come forward for registration, the signed copy of the deed can be presented to the registrar to send a notice and if failed to come forward, the registration is completed by the registrar.
In your case, it seems that no deed has been signed by the builder.
In such cases, you will have to lodge a criminal complaint against the builder for having failed to complete the registration, and trace the builder or a 'declaration suit' to be filed at civil court showing your municipal tax bills (By the by, how the municipal tax records was changed without any transfer deed support?)

Y V Vishweshwar Rao (Expert)
29 May 2009

I agree with Sri Sivasubramanyan! and the details to be mentioned !

Whether the Builder is the owner of the property /land ?- or only constructed the Building in th land of other person and sold his share in the Complex .

If the Builder and land owner are deferrent persons - you have paid the cost of the proerty/cost of construction and proportiante land value to builder and there are no dues from you.
You can enquiry with the Land owner and request him/her to execute and register the sale Deed in your favour , as the Builder recived entire costs/price and left the place with out completing Sale Deed Registration in you name .

If Land owner is defenrrent person , he/she may consider/accept your request and may help you in this regard .

B.B.R.Goud. (Expert)
01 June 2009

Without the seller's signature, a document cannot be registered. Since 1990, unregistered?

In normal process, if a seller/buyer is unwilling to come forward for registration, the signed copy of the deed can be presented to the registrar or the court of law, to send a notice and if failed to come forward, the registration is completed by the registrar or court of law.

In your case, it seems that no deed has been signed by the builder.
In such cases, you will have to lodge a criminal complaint against the builder for having failed to complete the registration, and trace the builder or a 'declaration suit' to be filed at civil court showing your municipal tax bills (By the by, how the municipal tax records was changed without any transfer deed support?)

now you need to initiate and institute the legal proceedings...



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