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Biker (test)     24 April 2014

Seller not giving sale deed after registration

Hi,

I got the registration done for my apartment. However, after the registration, the builder took the sale deed from the sub-registra office, and is not giving it to the bank (i have taken a loan). 

Its been a few weeks now.  There were some exchange of words after the registration that annoyed the builder.

Question:

1. Is the builder legally allowed to do this?

2. The bank has been trying to get the sale deed, but the builder is not giving

3. What course of action can I take

 



Learning

 8 Replies

Bharatkumar (ADVOCATE )     24 April 2014

HI,

1. No.

2. U give a application to the builder to get the Original Sale Deed.

3. If after Application builder is not give Sale Deed or any reply u give legally notice by Advocate. OR

U give a application for certified copy of your sale deed at SRO office and then give a copy to the Bank.     

1 Like

Biker (test)     24 April 2014

Thanks BharatKumar. I think the option 3 is the best option

adv.raghavan (Advocate,9444674980)     24 April 2014

Once the sale deed is done, the said property got transferred to  your name, there is no point in retaining  it  illegally,, even if there is any due pending. The sub registrar have no authority to handover the said document to the seller, in your absence. It should go to you or to the bank , who are suppose to collect the sale deed , from the concerned office after due process is over. If he fails to hand over back the document lodge a complaint against the builder making sub registrar as a party to it. Then these people will fall in line.

1 Like

Biker (test)     24 April 2014

Thanks Adv.Raghavan

I spoke to the Bank - they agreed that I can get the certified copy - but they need the Original sale deed and said they will try to get it from the builder. 

adv.raghavan (Advocate,9444674980)     24 April 2014

I advice you to target the sub registrar. This is govt. document and he is the custodian of the same. He cannot be so lethargic. If the builder is arrogant file a FIR it will be help ful in future by all means.

1 Like

ABDUL RAZIQUE (Advocate)     24 April 2014

Who has IGR slip? this is a for Vendor. after receiving full consideration the vendor release or handover it to the purchaser to collect the Sale Deed from registry office. 

If you have no the copy then approach to the vendor.

If you have paid all the consideration amount to the vendor and the vendor is not releasing or handover the sale deed you can approach to the court and file a complain case against the builder and may join there registrar as a party.

Biker (test)     24 April 2014

What is an IGR slip?

ABDUL RAZIQUE (Advocate)     25 April 2014

After execution of Deed registry office provide a slip to receive Deed that's call IGR.


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