Manish Garg (ITA) 04 February 2026

Flat purchased under sarfaesi act but builder denying allotment transfer

I have purchased one builder flat under auction from NBFC in Sep 2024. At time of auction, flat was not registered. bank has taken the physical possesion of the flat.

There was one case which builder has filed against the NBFC in DRT securitization application but there is no stay on that for physical possesion or sale.

After purchase, i approached builder, he did not pay any heed to transfer of allotment and execute conveyance deed.

I filed a case in HRERA in Dec 2024 and Jan 2026, HRERA passed an order that case is dismissed as i am not an allotee of the flat.

Please help me how to get flat registered in our name from builder.

Reply Follow

5 Replies

Dr. J C Vashista (Advocate ) 05 February 2026

The title of the flat must have been checked by NBFC, did you verify before bidding ? If so, what was its status ?

What do intend to communicate from the term "flat was not registered" used by you ?

If you feel aggrieved by the order passed by HRERA you may move in appeal through your lawyer.

Manish Garg (ITA) 05 February 2026

What do intend to communicate from the term "flat was not registered" used by you ? - conveyance deed was not executed between builder and allotee

kavksatyanarayana (subregistrar/supdt.(retired)) 05 February 2026

Without registration of the conveyance deed, how did the bank/financial institution sanction the loan?

Dr. J C Vashista (Advocate ) 06 February 2026

Facts posted lack clarity qua its title.

It is better to show relevant documents to a local prudent lawyer for proper appreciation of facts/ documents, professional advise and necessary proceeding, if you feel.