Sale Deed and Registration Builder is Not Responding. What to Do?

If your builder is not responding regarding the sale deed and registration, here are some steps you can take:

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1. Send a Legal Notice:

• Formal Communication

  : Send a legal notice to the builder indicating your readiness to complete the sale deed and registration. Mention that you are prepared to fulfill your part of the contract and request the builder to do the same.

• Through a Lawyer

  : It is advisable to send this notice through a lawyer to ensure it is legally sound and effective.

2. File a Complaint with RERA:

• RERA Authority

  : If the builder is registered under the Real Estate (Regulation and Development) Act (RERA), you can file a complaint with the RERA authority in your state. RERA ensures that builders comply with their obligations and can take action against non-compliant builders.

• Online Complaint

  : Many states have online portals where you can file a complaint with RERA.

3. Approach Consumer Court:

• Consumer Protection Act

  : If the builder's actions constitute a deficiency in service or unfair trade practice, you can file a complaint with the consumer court under the Consumer Protection Act.

• Compensation

  : You can seek compensation for any financial loss or inconvenience caused by the builder's non-responsiveness.

4. File a Suit for Specific Performance:

• Civil Court

  : You can file a suit for specific performance in a civil court, compelling the builder to execute the sale deed and complete the registration process as per the agreement.

• Legal Remedy

  : This legal remedy ensures that the builder fulfills their contractual obligations.

5. Obtain an Injunction:

• Prevent Third-Party Rights

  : You can seek an injunction from the court to prevent the builder from creating any third-party rights or selling the property to someone else until the matter is resolved.

6. Contact the Local Real Estate Regulatory Authority:

• Local Authority

  : Reach out to the local real estate regulatory authority or the municipal corporation for assistance. They may have mechanisms to address such issues.

Even after giving booking amount in 2015, the builder is not ready to do sale deed. I got got possession of the flat 1 RK in upper thane in 2022. The builder says to pay present rate but i m not ready to do any sale deed. You take principal amount and leave. You hv encroached my flat.

I understand that you’re facing a situation where the property owner is refusing to register the property after the agreement. Let’s explore your options:

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1. Send a Legal Notice or Letter

   :

   • You can send a legal notice to the seller (property owner) indicating your readiness and willingness to perform your part of the contract as per the registered sale agreement.

   • In the notice, mention that the remaining consideration amount is ready, and you are prepared to get the registration of the sale deed.

   • You can send this notice through a lawyer or as a formal letter by registered post.

2. File a Suit for Specific Performance

   :

   • If the seller declines to execute the sale deed in your favor, you can file a suit for specific performance of the contract.

   • Specific performance is a legal remedy that compels the seller to fulfill their contractual obligations (in this case, executing the sale deed).

   • Obtain an injunction restraining the seller from creating any third-party rights until the matter is resolved.

3. Registered Sale Agreement and Property Registration

   :

   • Since you have a valid registered sale agreement, the seller cannot sell the property to any third party without canceling the sale agreement before the sub-registrar office.

   • However, to get the property registered in your name, you’ll need the seller’s cooperation or a court order directing the execution of the sale deed.