Legal remedy against builder refusing to register deed of assignment


Purchased a Commercial unit of 10590Sq.Ft. along with 20 Parkings in Navi Mumbai, in Apr 2009 for 167Lakhs. Its fully Paid since Dec 2015, Have Developers Letter of No Dues as of January 2016 - I only have Builders Letter of Reservation. Last 3 months Chasing Developer for doing Registration. They are asking me to pay additional 18 Lacs for Area Increase (No confirmation ever taken from Self nor Any Backing from Architect provided). They also Insist that I first pay 7 Lacs as past 21 months Maintenance from Date of Building Completion Certificate (May 2016) before doing Registration (Refusing to delay the same to a later possession date). Project is not Rera Registered, as Building CC come May 2016. Builder refusing to show parking in registration docs. How do I enforce Builder to Register / Can He cancel my allotment as property now worth 500Lakhs.

Answers (3)


114 votes

Dear Client,
Better send a Legal Notice to developer and ask him the reason for increase in price. If you find it feasible you can pay else approach Court of law for justice. Further no need to pay for maintenance and Developer was duty bound to get the society registered within 1 year of sell of 50% of flats/shops.
Fight for your rights and you will surely get justice. Nothing much can be stated at this stage. Better Consult a Lawyer with necessary documentations to get correct and precise advice.

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92 votes

Hi
You have right to get registered document in your favour if you have paid entire consideration. Builder can not withhold same. What kind of document or agreement you have from builder. If it is agreement for sale then you can sue builder for seeking specific performance of same agreement before civil court. If you have unregistered agreement of sale then you can compel builder for registration by filing suit. You also can approach to consumer fouram. All remedies are depends upon nature of document you have. Builder can not ask you to pay additional amount. He is duty bound to convey property in your favour.

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184 votes

I understand that the entire payment towards the purchase of said property is paid by you to the Builder. If there is no liability as he is still retaining the possession of the property and not registering the same you can file consumer complaint and also file civil and criminal suit against the said builder.

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