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Builder wants possession of flat for redevelopment without executing sale deed

By: Shivendra Pratap Singh
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Question: My father purchased a flat on the  basis of agreement of sale. That agreement is not registered and stamp duty is not paid. We don’t have a society, only we have the possession of a flat. Now the owner plans to go under redevelopment. Do you think we should get equal rights in the property as the owner of the building? Total 6 flats of which 3 have possession of agreement of sale and 3 are under the ownership of builder. What’s the best case scenario for me.

Advise: You have possession over the flat however, the sale deed is not yet executed. In this situation you should not hand over the possession to the builder for the redevelopment work until the builder has not executed a deed of conveyance. 

Currently your builder cannot dispossess you from the property because you have been in peaceful possession. You have paid the price of the flat but unfortunately its sale deed is still pending. It was the responsibility of the builder to execute the sale deed before giving possession of the flat.

Get a deed of conveyance or declaration of your right

For the protection of your right in the property, you should take a deed of conveyance from the builder. If he refuses then you should file a civil suit under section 34 of the Specific Relief Act for declaration of your right. 

You can not protect your right in the property on the basis of unregistered agreement to sale. After handing over the possession without any document you cannot regain your property.

Your builder wants to take possession and demolish the construction for redevelopment. If he allotted the flat to other persons after the completion of redevelopment work then you will have no documentary proof to establish your right. Hence, execution of a deed of conveyance becomes mandatory in this situation. 

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.