About possession letter from builder in SRA scheme

678 votes

To obtain a possession letter for your flat despite the builder’s detention, here are steps you can consider under Indian law: 1. Check RERA Registration: If the project is registered under the Real Estate (Regulation and Development) Act (RERA), you can file a complaint with RERA. RERA may order possession and completion of the project by appointing a third-party administrator if the builder is unavailable. 2. File a Consumer Complaint: Approach the Consumer Disputes Redressal Forum (Consumer Court) under the Consumer Protection Act to address delays in possession. This could lead to compensation or directions for the builder’s representatives to complete the handover. 3. Invoke the Specific Relief Act: You may file a civil suit under the Specific Relief Act to enforce the contract for possession. However, this process could be lengthy and depends on the builder’s legal situation. 4. Explore Builder’s Representative Options: If the builder has legal representatives or partners, you can approach them to complete the formalities for possession. 5. Check for Court-Appointed Administrator: In cases of prolonged detention, the court may appoint an administrator or receiver to manage the builder’s properties and pending projects. Confirm this with your lawyer or through the court.

Advocate Vikrant C Deshpande LawRato

993 votes

Well, the concerned Builder must have an alternate authorised signatory or partners via whom, i.e, by coordinating with them, you can still get the Possession Letter for your flat in SRA Scheme. However, you need to take action now as soon as possible.

Advocate Pankaj Bajaj LawRato