Possession of property after registration

Querist : Anonymous (Querist) 22 May 2021 This query is : Resolved
Greetings to all Respected Professionals,

One of my Friend bought a flat where his seller is agree to get registration done. However, Due to Covid situation, Seller is asking for 10 days time to handover possession after registry of flat.

Both Buyer and Seller agreed to get registration of flat done and within 10 days of registry Seller will transfer the possession of flat.

Buyer(My Friend) is concerned if he get possession on time or not, though he will be owner of Flat.

As my friend (Buyer) is paying rent as well in his current residence. so, He just wanted to have an agreement with seller that Flat will be handover to him on time post registry.

My query is that, What are the condition he can write in the agreement related to above situation and what type of agreement both parties can have.

Further, it would be great if someone can share the format with all relevant conditions for the agreement between Seller and buyer.

Thanks

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Quick Summary

A buyer is concerned about securing possession of a flat after registration, as the seller has requested a 10-day delay. While the buyer will be the legal owner post-registration, they want assurance of timely handover to avoid continued rental costs. Advice suggests withholding a portion of the payment until possession is granted or postponing registration until the flat is handed over, as post-registration agreements for immediate handover may not be legally enforceable.

SHIRISH PAWAR, 7738990900 (Expert) 23 May 2021
Hello,

I will suggest holding some part of the flat consideration till the possession of flat is handed over by the seller. Later registration can be done. Contact local advocate for drafting the sale agreement of flat.

Advocate Bhartesh goyal (Expert) 23 May 2021
To avoid any litigation and complications it will be better to postpone the idea of getting registered sale deed till the possession of flat is delivered..

kavksatyanarayana (Expert) 23 May 2021
Your friend shall put a condition in the agreement/sale deed that at the time of preparing the document, the flat will be handed over immediately.

T. Kalaiselvan, Advocate (Expert) 24 May 2021
There can be no agreement post registration of the flat to his name.
The builder has assured to hand over the flat in ten days for which no agreement can be made neither it would be enforceable in law.
If he wants the possession, then let him postpone the process of registration and cn intimate the builder to handover the flat immediately after registration of the property at a later date.
He can withhold the final payment until then.

P. Venu (Expert) 24 May 2021
When the seller has promised to handover possession, where is the cause for concern.

It is rather surprising that you have opte to be anonymous, even though the query, purportedly, concerns your friend! .

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