Builder given sales agreement on stamp paper

811 votes

From the facts stated, if you have a valid Sale Agreement, paid the entire consideration, and have been in continuous possession of the flat for several years, the builder cannot simply claim ownership and dispossess you without due process of law. You should immediately issue a legal notice demanding execution and registration of the sale deed. If the builder refuses, you may file a suit for Specific Performance seeking a direction to execute the registered sale deed, along with a permanent injunction restraining interference with your possession. Preserve all documents such as the sale agreement, payment receipts, property tax receipts, electricity bills, maintenance receipts, and proof of possession. The outcome will depend on the terms of the agreement, payments made, limitation period, and the status of the dispute between the builder and the landowner. Consult a local property lawyer with all documents for a detailed opinion.

Advocate Ravindra Anjaneyulu LawRato

767 votes

On the facts stated, the builder cannot legally assert ownership merely because the property remains unregistered in your favour. If you have a Sale Agreement, proof of consideration/payment, long and uninterrupted possession, property tax receipts, maintenance records, electricity charges, and other documents evidencing your occupation and ownership claim, these are significant pieces of evidence in your favour. You should immediately issue a legal notice calling upon the builder and concerned parties to execute the necessary conveyance/registration documents and refrain from interfering with your possession. If the builder is attempting to dispossess you or deny your rights, you may institute a suit for Specific Performance, Declaration of Rights, Permanent Injunction, and other consequential reliefs, depending upon the nature of the documents and surrounding facts. Do not hand over possession or sign any document without proper legal scrutiny. The builder’s claim, after allowing you to occupy the flat for several years and after accepting consideration, may be open to serious challenge before the competent Civil Court.

Advocate Pavani Kumari LawRato

819 votes

If the builder is not coming forward for registration of the flat, a suit for specific performance asking the concerned court to direct the builder to come forward for registration or in the event the developer does not come forward, request the concerned court to register the Agreement of Sale. The advice is based on the limited information that is provided and is subject to limitation and other aspects. I would advice you to contact an advocate and provide complete details so as to enable the advocate to understand the situation better.

Advocate Sreeram Viswanath K LawRato