Capital gain on selling underconstruction apartment

HI All

I had invested in a pre launch apartment in in year 2007. I'm planning to sell that property now and it is not completed yet. I have been allotted a Flat No. but I've not got possession and registration has not been done yet as the construction is still in progress.

I've gone through several links on internet and what I understand is the capital asset in this case is not the flat but the right to acquire the flat and as I'm holding this right for more than 36 months, it can be termed as a Long Term Capital Gain.

But there are people who differ in their view on this and they say until the possession is given, the gains are always short term.

Some people say that the gains calculation also depends on the payment type, whether its total down payment or construction linked payment plan, in my case its construction linked payment plan where they say that I don't have that right as well

Please help me out