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Jayaraj Naidu (Vice President)     27 March 2012

Registration of sale deed of flat by builder

Reference article on "Why you should register your property" at Page No 16 of Times of India, March 16, Chennai edition. It says Supreme court has ruled last year that in case of any dispute, you will not have any rights over the property if it is not registered in your name. A person is considered the lawful owner of the property only after it gets registered in his name.

Unfortunately, in Tamilnadu, the buider registers only the undivided share of land in the name of the flat owner, and is refusing to register the Flat on the name of the purchaser. Most of the other States like Karnataka, Andra, Kerala have already passed acts to ensure that the builder registers the flat alongwith UDS in the name of the purchaser.

It appears that the flat owners in Tamilnadu, without realising the legal issues, are very happy to pay a very less amount for registering only the UDS on their name.


My question is, in view of the Supreme Court ruling, can a builder refuse to register the flat in the name of the purchaser, if the purchaser is ready to pay the additional cost towards the Registration fees and the stamp duty?


 2 Replies

DVM Rao (Advocate)     27 March 2012

The purchaser can file a suit for specific performance of agreement of sale or approach Consumer Court against the deficiency of service on the part of the builder to get the sale deed registered even though the purchaser paid the full consideration.  DVM Rao, Advocate, Hyderabad

saravanakumar (Lawyer)     30 March 2012

Dear friends.

 Do they executed tripartee agreement or construction agreement at time of execution of sale agreement ?





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