Builder not registering the flat and i am moving abroad

Querist : Anonymous (Querist) 30 October 2011 This query is : Resolved
I live in Bangalore.
2 yrs ago I bought a flat from a builder for which I have already paid 90% of the payment to the builder.
The flat was 90% completed when the sale deed was done.
The builder had promised to complete the remaining work and then register the flat in my name.
I took 50% loan from HDFC and balance amount I paid from my personal fund.
The builder did not do any additional work in the flat.
I discussed with the builder and carried out the remaining work and agreed to deduct the amount spent on the work from the outstanding balance.
I have receipt of the payments made to the builder and bills for amount spent by me to complete the flat.
Now the builder is dilly dallying to register the flat.
When I put pressure on the builder few more facts have come to light.
The flat sold to me, I believe belong to the land owner (as per the 40-60% share) and the land owner had given the builder the POA to sell the flats on his behalf.
However, after selling the flats the builder has not paid the amount received from the sale to the land ownner.
As the flats belong to the land owner he now refuses to sign/register till the payments is done for the same by the builder.
The land owner has revoked the power of attorney and has not demanded that either the amount due to him is done immediately or the respective flats be vacated so that he can re-sell the flats to recover his money.
The builder is promising to pay the land owner the balance amount but has not been able to keep his promises.

My queries are :-
1 - Can the land owner re-sell the flat already sold to me by the builder?

2 - I have only a sale deed (original is with HDFC) as a proof that the flat belong to me which is 2 years and 4 months old. Is this document proof enough legally to prove my ownership in case there is a dispute.

3 - I will be relocating abroad in 2 weeks time. I have requested the builder to register the flat but he says he can not assure registration. What if the builder takes the opportunity of my absence and re-sells the flat to someone else?

4 - I have already moved furniture,cots,few luggage to the flat and my relatives will be moving to stay in the flat in a couple of weeks time. Can the land owner/builder remove the items from the flat and evict my relatives under the claim that the flat is not registered in our name.

5 - What additional steps can I take to ensure I retain the ownership of the flat in any malpractices that the builder/land owner may do.

6 - Can I make a Special Power of attorney for the purpose of the registration of the flat and give the same to my relatives who in turn can register the flat in my name in case the builder and land owner dispute is resolved and the flat is ready to be registered?

7 - When the registration is done the SPOA holder can he register the flat in my name or I need to re-register the flat to my name when next time I visit India?

I know my query is long. Thanks for the patience and appreciate a quick response. Please let me know in case you need any further information.

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ajay sethi (Expert) 30 October 2011
no landowner cannot resell flat

the fact that HDFC has sanctoioned loan on said flat means that they have done due diligence . must have satisfied that title is clear . you must be having copy of sale deed .

if builder is not doing registartion move consumer forum for deficiency of service .

you can issue special power of attorney for eexecution purposes.

Querist : Anonymous (Querist) 31 October 2011
Thanks Mr. Ajay for the quick response. Appreciate.

sanjeev murthy desai (Expert) 31 October 2011
My queries are :-

1 - Can the land owner re-sell the flat already sold to me by the builder?

Ans: If Sale Deed is done before cancellation of GPA which has the authority to sell the owners share also then there is no problem. In such circumstance owner cannot resold.

2 - I have only a sale deed (original is with HDFC) as a proof that the flat belong to me which is 2 years and 4 months old. Is this document proof enough legally to prove my ownership in case there is a dispute.

Sale Deed is enough proof but its depend upon the authority of POA. Please mention date of the all the transaction then only you can expect clear answer. It is advisable to get the legal opinion.

3 - I will be relocating abroad in 2 weeks time. I have requested the builder to register the flat but he says he can not assure registration. What if the builder takes the opportunity of my absence and re-sells the flat to someone else?

Already sale deed is existence with respect your property. It is advisable to get confirmation Deed from owners. If he sold to some then you can file suit for cancellation subsequent sale deed and also file a criminal case against him.

4 - I have already moved furniture,cots,few luggage to the flat and my relatives will be moving to stay in the flat in a couple of weeks time. Can the land owner/builder remove the items from the flat and evict my relatives under the claim that the flat is not registered in our name.

5 - What additional steps can I take to ensure I retain the ownership of the flat in any malpractices that the builder/land owner may do.

Ans to 4 and 5

In such circumstances file a police compliant against owner and it is also advisable to file declaration suit against the owner subject of check the POA authority.

6 - Can I make a Special Power of attorney for the purpose of the registration of the flat and give the same to my relatives who in turn can register the flat in my name in case the builder and land owner dispute is resolved and the flat is ready to be registered?

7 - When the registration is done the SPOA holder can he register the flat in my name or I need to re-register the flat to my name when next time I visit India?

At present there is no other documentation required for your property. It is advisable to secure the khata from the municipal authority.

If you need more clarification please contact my number is 98860 37926

Querist : Anonymous (Querist) 01 November 2011
Thanks My Sanjeev for your detailed response.Will get in touch with you when I am in BLR.Have a lovely day.

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