I am in possession but shop buyer agreement not executed by builder

595 votes

Dear Sir,

You have to read Section 4 (2) along with Section 6 of the Delhi Apartment Ownership Act 1986. First read 4(2) then Section 6, you may get the clarification that even if there was no proper format used for transfer of the property, yet you are the absolute owner of the property.

4. Ownership of apartments –

(2) Every person to whom any apartment was allotted, sold or otherwise transferred by the promoter before the commencement of this Act, shall, save as otherwise provided under Section 6 and subject to the other provisions of this Act, be entitled, on and from such commencement to the exclusive ownership and possession of the apartment so allotted, sold or otherwise transferred to him.

6. Ownership of apartment subject to conditions –

Where any allotment, sale or other transfer of any apartment has been made, whether before or after the commencement of this Act, in pursuance of any promise of payment, or part payment, of the consideration thereof, the allotted or transferee, as the case may be, shall not become entitled to the ownership and possession of that apartment or to a percentage of undivided interest in the common areas and facilities appurtenant to such apartment, until full payment has been made of the consideration has been made, continue to remain the possession thereof on the same terms and conditions on which he was so inducted into possession of such apartment or part thereof.

I hope this satisfy your question.

Regards,

Advocate Jai Bansal LawRato

922 votes

What is your query ? Are you facing any difficulty from any person? Your question appears to be incomplete - you have not mentioned as to what do you want to know.
This appears to be a very old issue of the year 1977. Have you suffered any prejudice?

Advocate Amrit Pal Gambhir Singh LawRato