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Khurram   02 August 2015

Possesion but not registration

I bought a property and this was delayed by an year.. Now builder is giving possesion but not giving confirmation on registration of the property..

I want to take possesion and registration at the same time, to which builder is not responding.

At the same time, he has stated mantainence charge.

How can I avoid mantanence charge till the time registration is not done and how can I put pressure to comlete the possesion and registration process at the same time.

Syed Khurrram



Learning

 9 Replies

J K Agrawal (Advocates)     03 August 2015

It is better to take at least the possession. It is a very good favor to you. After actual possession, your will be in better position to raise your voice to get the property registered in your name. 

1 Like

rajagopal.s (Lawyer.)     03 August 2015

Hi 

Both registration and possession are of equal importance. however possession without right can be detrimental. why is the builder not registering the flat. Please send a legal notice to the builder for both registration and possession after which you can pay the maintenance. 

Khurram   03 August 2015

Thanks..Thanks for quick response.

I am ready to take possession, but I want the builder should not take any mantainence till the time I take possesion..

He has asking mantainence bill for last 6-7 months.

Do I have any legal point where I can push him for not paying last 6 month bills which he is asking.

What are the rules which can help me on this.

nayan   04 August 2015

i have a property and i have possesion since 35 year that was a leas hold land bt now leas is break how can i register these land?? plzz help me

Dr J C Vashista (Advocate)     04 August 2015

These are two different queries raised by Mr. Khurram and Mr. Nayan.

In reply to first query I subscribe to the expert advise of Mr. J K Aggarwal, take the possession quietly and then raise the issue of registeration/execution of documents, which is comparatively easier/better thereafter.  

@Nayan,

Your possession is in which capacity, is not clear hence can not be opinioned properly.

Consult a local lawyer.

shubham singhania   05 August 2015

sir i m nayan raj plzz tell me typ of capacity i ll tell u

 

Anand Bali Adv. (Advocate Solicitor & Consultant)     06 August 2015

@ Mr Khurream

"Possession is a half Title" You are rightly advised by Dr Vashishta and Mr JK Aggrawala. Please take the possession at the first opportunity.

@ Mr Nayan

The Porperty which is in your possession from last 35 years where you are neither a Tenant and nor a licencee or lessee and this factis known to the actual owner  who is the title holder of the property in this situation you can claim thr Tittle as an adverce possesee of the Property. Please let me know the position I shall advise you further. Send me a Private message at adviselaw1@gmail.com

1 Like

nayan   06 August 2015

anand bali sir i was send u mail bt sending is fail sir property was on lease bt now lease is break sir  how can i become legal owner of this property plzzz help me sir my father is facing very difficalty since 30 year and they conslt local advocate bt they nothing do only take his fees i am very disturb and my studies also disturb plzzz help me sir

T. Kalaiselvan, Advocate (Advocate)     12 August 2015

@Kurram:  In my opinion, learned advocate Mr. Agrawals's suggestion seems to be a good option.  Dr.Vashista has already elicited the reason supporting the views. You may take possession and issue a legal notice if the registration  process is getting delayed unnecessarily.  The builder will not be in  position to ask you to vacate once you are in possession ofthe property.  The maintenance aspect can be negotiated with the builder accordingly. 

 @Nayan While somebody is raising a query in a thread, you may either reply or remain silent instead of intruding in it with your own query in the same thread. You will be misguided with the replies given to the other querist.  In your case what are the terms and conditions of leasehold, how long had the property been under leasehold, whether there are any condition or clause for converting it into free hold.  You have to give more details in order to get proper opinion from expert lawyers of this forum. 


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