Juliana Burbidge
Asked December 22, 2016

Registration of property

  • 3 Answers
  • 1291 Views

The promoter is not willing to register the flat in my name. So how can i make a will when the flat is not registered in my name yet ? Except for filing a case is there any other option to register the flat in my name. Because filing a case means it can take months or even years to fight. And financially i am not that stable. Please advice me what should i do and where should i go.

Answers 3

You have not mentioned the reason given by the builder for not registering your flat.You have also not mentioned whether you are in possession of the said flat.Please mention the same to arrive at a logical conclusion on the basis of which i can answer you query.

Agree Comment 0 Agrees almost 4 years ago

You can file case in consumer court for deficiency of service subject to you have receipt of payment or allotment letter from the promoter.

Agree Comment 0 Agrees almost 4 years ago

In order to transfer a property even by will, it is important to show that you have ownership over the property as you cannot transfer a better title than what you possess. According to the Transfer of Property 1882, in order to show that you have ownership, a bundle of rights are possessed. You should have the right to possess and the right to alienate. In order to show that you are the owner, you must have an agreement of sale detailing every minute detail of the property.[1] This agreement of sale should be registered as according to Section 17 of the Registration Act 1908, any property which is valued more than Rs 100 should be registered. If you have not completed the payments, you can delay it till the promoter registers your property[2]

 Thus, you must have a title to the land. In order to show that you have a valid title, you must have a registered sale deed and only then can you transfer the title to someone else through a will.

The promoter has a duty to register your property. However if he refuses to do so, you can file a case against him in the Consumer Forum. You do not have to worry about it pending it for years as the Supreme Court has ruled that a Consumer Court cannot give more than 15 days to the other party to file a reply[3]. This is also given by Section 13(2)(a) of the Consumer Protection Act 1986. Further the Consumer Forums are directed to dispose the case off in a period of 15 days as directed by the President of the National Consumer Disputes Redressal Commission. [4]

As an alternative, you can also try for online registration of property. Although only the states of  Kerala, Odisha, West Bengal, Karnataka, Tamil Nadu, Rajasthan, Jharkhand, Sikkim, New Delhi, Maharashtra, Madhya Pradesh, Punjab and Chhattisgarh have this process in use. You can download the forms online or get the forms from the required State office.[5]

 

[1]                      http://www.mondaq.com/india/x/208630/real+estate/Investigation+of+Property+Title

[2]                      http://lawfarm.in/blogs/faqs-registration-of-property

[3] New India Assurance Co. Ltd v. Hillli Multipurpose Cold Storage Pvt Ltd.

CIVIL APPEAL NOS.10941-10942 OF 2013

http://www.thelogicalbuyer.com/blog/wp-content/uploads/2015/12/NEW-INDIA-ASSURANCE-CO.-LTD.-vs-HILLI-MULTIPURPOSE-COLD-STORAGE-PVT.-LTD..pdf

 

[4]                      http://www.businesstoday.in/moneytoday/consumer-rights/consumer-courts-are-to-write-the-verdict-within-15-days-of-a-hearing/story/8345.html

[5]                      http://indianexpress.com/article/india/india-others/e-registration-simple-transparent-process-to-help-prevent-unlawful-disposal-of-property/

Agree Comment 0 Agrees almost 4 years ago

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