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Flat stuck in registration limbo for 15 years - Can I register myself?

Ramalingam Kalirajan |10219 Answers |Ask -Follow

Mutual Funds, Financial Planning Expert - Answered on Jul 25, 2024

Ramalingam Kalirajan has over 23 years of experience in mutual funds and financial planning.
He has an MBA in finance from the University of Madras and is a certified financial planner.
He is the director and chief financial planner at Holistic Investment, a Chennai-based firm that offers financial planning and wealth management advice.... more

Asked by Anonymous - Jul 15, 2024Hindi

Dear Sir We had booked a flat in one of the projects in Karnataka ( 15 + years back) but when the project is about to complete the land owner of that apartment filed the case against the builder because the builder had constructed few flats illegally in that project.. The land owner had demanded few crores from the builder for illegally constructing the flat...During that time we were in abroad and 3 flats werent registered in this project one is ours and 2 more flat owners were in abroad too..Thats out of 35 flats... Hence the builder had registered three flats in their name for the safety..But till now we havent got registered of that flat in our name becos there is case in the court. Hence there is no completion certificate issued for that project..etc.... and no flat owner can sell their flat due to the court case. However the builder had given us a power of attorney for the flat for rent it out or stay... And we have rented the flat and are getting the rent... we have been regularly followed up with the builder, he everytime promises today tomorrow....like this 15+ years passed...last year we asked for a replacement flat in one of their new project and he agreed to give us a replacement flat provided we pay some extra bucks as per the rate...We agreed for that and got the agreement signed and also got the sale deed of the land etc.. we have paid the payment in cheques.Its a huge project and completion of the project is bit slow and got delayed.... Recently, the builder had sent an email to all flat owners to register their flats but when we consulted for registration the builder said he had to transfer the payment done by us from the previous project to this new project...hence it would take time (by the way thats their internal issue) everytime we consulted for registration he says it would take one months time and his legal team is working on it...Sometime he says the court case should get over of the other project and then only he can help to register the the present flat..(though the previous flat is in their name itself) we have nothing to do with case (as the Case is between land owner and builder) also the previous flat registration al in their name..we have only agreement and receipts.of payment done...hence so far the flat is not registered...most of the flats got registered in the new project...The project is not completed yet it would take one more year... My question is why the builder is delaying the registration process of our flat and why is he not doing the internal issues solved and help us to register our flat in our name... Should we register the flat ourselves provided we get required documents from the builder? Or consult a lawyer in this regard...Pls guide...

Ans: You booked a flat 15+ years ago in Karnataka. The project faced legal issues due to illegal construction. You haven’t been able to register the flat in your name.

Builder’s Delay
The builder registered three flats, including yours, in their name. You have a power of attorney to rent it out. The builder promised a replacement flat in a new project, but the registration is still delayed.

Key Questions
Why is the builder delaying registration?
Should you register the flat yourself?
Should you consult a lawyer?
Builder's Delay Analysis
Internal Issues
Fund Transfer: The builder needs to transfer payments from the previous project to the new one. This seems to be causing delays.

Legal Complications: The builder indicates that the ongoing court case may affect the registration process. However, you have no involvement in this case.

Project Completion
Project Delay: The new project is not yet complete. This might also contribute to the registration delay.
Recommendations
Consult a Lawyer
Legal Advice: Consult a lawyer to understand your legal standing and options.

Documentation: Ensure all your documents are in order. The lawyer can help review and prepare necessary paperwork.

Registration Process
Self-Registration: With the required documents from the builder, you might register the flat yourself. This requires legal guidance.

Follow-Up: Continue to follow up with the builder regularly. Ensure all communication is documented.

Legal Action
Notice to Builder: Your lawyer may suggest sending a legal notice to the builder for delaying registration.

Court Case: If the builder doesn’t cooperate, consider filing a case against them. This might expedite the process.

Insightful Evaluation
Assessing Risks
Builder's Reliability: Evaluate the builder’s past projects and their completion rates. This helps in assessing the likelihood of further delays.

Legal Risks: Understand the legal risks associated with the ongoing court case. Your lawyer can provide a detailed assessment.

Future Steps
Replacement Flat: If the builder provides a replacement flat, ensure all legal aspects are clear before agreeing.

Backup Plan: Have a backup plan in case the registration process faces more delays. This might include exploring other housing options.

Communication
Transparent Dialogue: Maintain open and transparent communication with the builder. Document all discussions and agreements.

Legal Assistance: Have your lawyer involved in all major communications with the builder. This ensures legal backing.

Final Insights
Proactive Steps
Consulting a lawyer is crucial. They can guide you through the legal complexities and help expedite the registration process.

Keep all your documents organized. This will be helpful during any legal procedures.

Regularly follow up with the builder. Ensure you have written records of all communications.

Evaluate the reliability of the builder and the legal implications of the ongoing court case. This helps in making informed decisions.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

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