Dear Mr Mahendra
Under section 17 of the Indian Registration Act, 1908 registration is compulsory if we transfer any property by , sale, by lease or by any other means of transfer.
From your question, and based on your say that the Bank has already agreed to disburse you home loan, which basically asks for NOC from Builder or CHS, as the case may be. If either of them have already issued you the NOC, and the Bank has sanctioned your application, then you have good chances to contest the Builder, on various other grounds as well.
However, if that is not the case, and no NOC is issued to you at all, then the Sale Deed, entered between your current Seller (believing he is first original buyer from the builder) and the builder and its clauses will matter and certainly need to be scrutinized, if there is any mention of transfer charges.
Prima facie the Builder seems to be in default on other counts as well.
Unless some more detailed inputs and facts are not revealed by you, me and my legal fraternity will only be trying to guess and try their best to respond you.
Ibrahim Deshmukh
Legal Consultant
www.law-india.com
