Property in possession but unregistered


I have purchased a flat from a builder in 1995 without any sale agreement. We have paid the total amount in cash and took the possession from the builder peacefully. Since then we are residing in the flat but due to ignorance  & health reasons registration was delayed and finally not done. We are paying property tax & muncipal tax on our name regularly but electric bill is generated on builders name and that too is paid by us. Few years back builder partnership firm got closed, now no one is available to register the flat on our name.  Somehow we could contact one of the partner of the firm but he says there is no company in existence and how i can register, i can’t help it. We have only proofs of property tax & muncipal tax receipts our name, electric bill payment receipts on builders name.

There are no wrong intensions from the builder partner but showing helpless. In such conditions how to get the flat registered or legally get the mutation done on our name?

 
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Hello TV RAO!

You can go for adjudication. By this you can pay the applicble stamp duty of 1995 alongwith the penalty. That would be enough for you to safeguard your interest in the present circumstances. The adjudicated document is legally valid document and is as good as the registered document.

Hope this would give solution to your problem.

 

Regards

Adv. Rohit Dalmia

9324538481

 
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Dear sir

What is this adjudication process exactly, is it same as filing a suit for declaration of title? Do we need to go to court for this? Is any process allow us to legalize the property without holding sale agreement or proof of payment?

thanks in advance

 
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U file declaratory suit in civil court to declare that Ur the owner and u have right title and interest over the property against
 
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asjudication is done at the office of the collector. In declaratory suit you get declaration from the court that you are the owner. but that process takes time. since you have not paid the stamp duty it is advisable to go for adjudication which is faster and less expensive too.
 
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Advocate

On the contrary I believe that may declaratory decree is not applicable as the plaintiff has not been denied his/her right by the defendant. Further the adjudication process before the Collector is different to registration before the Directorate of Registrar.

In case there isn't any sale deed, the querist need to engage an Advocate for its drafting and ask the other partner who is still alive to do the registration. If the partnership was registered, the libilities or obligations of the partners did  not extinguished. If your request to do the registration does not materialize, you may file petition before the Court for mandatory injunction under the Specific Relief Act.

As your matter is already running late, any further late would invite Doctrine of Acquiesce, thereby the Court will be more reluctant to grant you relief or invoking its discretionary power.

 
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It is a fact that we have not made any sale agreement with the builder, paid the amounts in cash and took the possession of the flat. As per builder records the flat was booked on to someone, as they have dropped their buying interest in middle, builder sold it to us and after full payment gave the possession to us. We understand he has not changed the buyer name in his records thinking that registration will be done directly on our name. Meantime things got delayed from us and builder firm closed. We are not left out with any proof of purchase from the builder. Under such conditions can we file any petition before court and what is the right way of approach?
 
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