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Legal remedy against Delay in flat registration even after possession


24-Jan-2023 (In Property Law)
I have started living in my apartment from Nov 2017 and builder has initiated registration. However most of the owners are delaying registration since there is a discrepancy in the total land area mentioned in sale & construction agreement Vs the actual land area mentioned in the registration document. How long can be delay registration in this case ? Are there any legal consequences with delayed registration considering that we have already started staying in the apartment?
Answers (3)

Answer #1
923 votes
Sir
your from your problem it seems that there is some problem at registration process with regard to the measurement of land. There may be problem in the registration process itself. Please discuss with the builders. The reason is that the question is with regard to the dimension. Please confirm First the that Apartment was built with sanction plan and also check the agreement with the owner and the builder and confirm and compare the schedule of the property in all deeds.

Are there any legal consequences with delayed registration considering that we have already started staying in the apartment?
Please confirm the title of the property with any advocate. Because as your told the question with regard to " discrepancy in the total land area mentioned in sale & construction agreement Vs the actual land area " it need to be clarified first by going through all mother deeds.

Please approach any counsel immediately
People also ask

What is the penalty for late registration of property in Maharashtra?

If you miss the 4 month deadline for a delay condonation, you can submit the application again to the subregistrar. As a penalty, you will be charged ten times more than the average cost of re-registration.

What happens if flat is not registered?

Ans. The developer or builder will continue to own the property if the flat is not registered. It can cause future legal issues and disputes.

What to do if possession is delayed?

The buyer can file a complaint if the possession is delayed with either the RERA or the Consumer Court. In these circumstances, various RERA authorities rendered decisions in favor of the buyer. In the same way as in the previous case the builders are asking for the reimbursement of the money paid, with interest. 02-Jan-2023

What is the difference between possession and registry?

The registration of property establishes ownership and legal validity, while possession confirms the owners or authorized occupants right to use and occupy the property as they see fit and meet their legal obligations.

  
Answer #2
573 votes
As a person who has paid money to a developer or builder who has then not handed over the property, you have the right to a solution to your problem. Under a new law passed by the government known as the Real Estate (Regulation and Development) Act, 2016, you have the right to file a complaint before a special body set up for real estate projects known as the Real Estate Regulatory Authority. You can also access consumer courts or file criminal complaints. In certain situations, you can also start an ‘arbitration’ proceeding or file a complaint before the Competition Commission of India.

Answer #3
172 votes
You can register the apartment and take possession. However, you will need to agree on a time frame for possession. 2. You can check the previous transactions and the history of the property. You can register within six months, or even later if you want to.
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