Vikramaditya Shekhawat 10 July 2020

Builder is in jail, how to do registry

I purchased a flat and paid amount using home loan and from my savings. I am out of India and was not able to do the registry. When 95% construction was done and payment made, builder got into scam and is in jail since then. ED has started provisional attachment of the flat due to PMLA. How can I get my flat register now? How can I save my flat from ED's attachment.

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7 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 10 July 2020

You have to obtain permission from the Court concerned. If court permits, then you have to submit an application to the Registrar of Registration & Stamps concerned to attend to jail to register the said document.

Adv Sagar Raj 10 July 2020

if the scam is Related to the said property, you can not complete your registry,and most likely u have to wait untill case disposes or have to file a seperate criminal suit against builder for fraud and recovery of money.

Dr J C Vashista (Advocate) 11 July 2020

Originally posted by : Vikramaditya Shekhawat
	I purchased a flat and paid amount using home loan and from my savings. I am out of India and was not able to do the registry. When 95% construction was done and payment made, builder got into scam and is in jail since then. ED has started provisional attachment of the flat due to PMLA. How can I get my flat register now? How can I save my flat from ED's attachment.

You have not yet purchased the flat, irrespective of the fact that you have paid 100% of cost of the flat. Transaction of sale and purchase shall conclude after execution and registration of the documents with regional Sub-Registrar and handing over physical possession free from encumbrance.

Any property attached by ED can not be sold /purchased or document registered.

P. Venu (Advocate) 11 July 2020

What is the stand of the owner - is he willing to execute the sale deed?

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 11 July 2020

Originally posted by : Vikramaditya Shekhawat
	I purchased a flat and paid amount using home loan and from my savings. I am out of India and was not able to do the registry. When 95% construction was done and payment made, builder got into scam and is in jail since then. ED has started provisional attachment of the flat due to PMLA. How can I get my flat register now? How can I save my flat from ED's attachment.

1. File Application before ED court, with all the available documents of your Flat and request for Court Officer to be deputed for Registration of your Flat.

2. Do above BEFORE the ED attachment order is complied with. You are in no way connected to proceedings under PMLA against Builder.

Keep Smiling .... Hemant Agarwal
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