Flat not registered - Need to sell
Joel
(Querist) 01 February 2018
This query is : Open
Hi,
I'm writing to have an understanding of the steps that we need to take to sell a flat allotted to my wife and mother in law, the registration of which has been delayed from a long time as the Builder had absconded.
The booking of the house was done on 8th February 2010 and we received the NOC after completion of dues on 7th January 2014.
We have understood that the builder has absconded and so we have not received any response for registering the flat.
A society has now been formed and I need your advice to understand the following points:
1) Can we register the house with the society in the absence of the builder?
2) Is there any sort of penalty on late registration if so can it be cancelled as the registration was delayed due to the absence of the builder?
3) To sell the flat do we have to register first and only then sell OR is there an option to register it with the party to whom we are selling it?
If so will that create any trouble with respect to transfer of amount of the flat sold to the bank account of the owner?
Kindly advice to understand the required steps that needs to be completed from our end.
Dr J C Vashista
(Expert) 02 February 2018
The query is not clear with facts of the case.
Whether the builder has got the documents qua the flat (under sale) have been executed and registered or not? If so, your wife and mother in-law are the owner and may dispose of as they want, otherwise no.
Society has no role in sale of the flat.
Consult a local prudent lawyer with relevant documents.
Joel
(Querist) 03 February 2018
Hi Sir, after completion of all the dues of the flat with the builder, the flat had been alotted to my wife and mother in law, we also received the NOC for the same from the builder.
The registration of the flat however is left and the builder has absconded, so is there a process to register the flat in the absence of the builder ?
My second query is if we plan to sell the house now, is it possible to do so without the registration being done first in my wife and mom in laws name or do we have to do that first and then sell it to a third party ?
