Checking into a flat prior to registration.

DIPANKAR BHATTACHARJEE (Querist) 28 March 2015 This query is : Resolved
Sir,

I wish to know the legal position relating to my sister who recently purchased a flat and made all the payments due to the builder. The flat is complete and ready for possession. However, the registration of the flat is yet to be completed and the money for the same has also been paid to the developer.
However, of late it has been observed that the developer is delaying the registration process on account of which my sister is saddled with double expenditure on account of EMI as well as the rent of the existing accommodation.
Such being the case, I wish to know as to whether it is legally advisable to start residing in the flat prior to registration and what are the legal recourse available for any complications w.r.t. the title of the property in future. Kindly advise.

Regards, Dipankar Bhattacharjee, (9432155507)

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Dr J C Vashista (Expert) 29 March 2015
1. Too late to know the status of property at this stage as your sister has already purchased the flat and made all payments. 2. Take possession and start living immediately.
3. Subsequently if the developer/builder do not get it registered in the name of purchaser s/he may issue legal notice followed by suit for specific performance.
4. For further clarification/advise/ proceedings visit my profile to press the button "Click to Talk".

ajay sethi (Expert) 29 March 2015
take possession of flat . i presume occupation certificate has been issued . if builder does not register sale deed move consumer forum against the builder for deficiency in service and for directions to register sale deed in favour of your sister