Apartment is being locked by builder until handover
Savitha
(Querist) 01 November 2014
This query is : Resolved
My query is regarding whether the builder has any sort of legal right to lock my apartment without my consent / without intimating me ? He says it will be so until the day of handover and I am supposed to go and ask him for the key and he will accompany me each time I have to go see my apartment for which I have already paid 85% of the total cost and registration is already done but finishing work is still remaining. I want him to hand me a duplicate key but he isn't agreeing to that as well.
Savitha
(Querist) 01 November 2014
Possession not taken yet because flat is still not complete. Painting and windows, car park is still pending. Basically place is not yet livable.
Devajyoti Barman
(Expert) 01 November 2014
Until and unless the possession is formally handed over, the builder has every right to do this.
You have to ask for its possession once it is fit for residence in which event the builder is likely to allow even if some amount of consideration money may be due from you.
Savitha
(Querist) 01 November 2014
Thanks Devajyoti. I can ask the builder for a duplicate key right?
K.K.Ganguly
(Expert) 02 November 2014
1. Till the appartment is sold to you, you are not the owner of the same,
2. Selling of appartment is completed after possession of the flat is given and sale deed is registered,
3. In the instant case, the builder is still the owner of the appartment though you are in the process of getting its ownership but has not yer owned it,
4. The builder is thus right in his stated stand.
V R SHROFF
(Expert) 02 November 2014
no more to add.
Savitha
(Querist) 02 November 2014
Thanks all
ajay sethi
(Expert) 02 November 2014
agree with experts
T. Kalaiselvan, Advocate
(Expert) 05 November 2014
Agreed with the experts that till the house possession is not handed over, you do not have a right to enter the same as and when you feel so.
