Legal Q&A Real Estate Builder refusing to register my flat despite full payme...

Builder refusing to register my flat despite full payment — what are my options?

Real Estate Asked by Ramesh Venkataraman from Bengaluru 🕐 3 weeks ago 👁 35 views
I purchased a residential flat in Marathahalli, Bengaluru and made the complete payment of ₹52 lakhs to the builder approximately 18 months ago. I received the possession letter and got the water and electricity connections transferred to my name. However, the builder keeps giving excuses and has not executed the registered sale deed in my favour. I have been following up for over a year now with no result. Kindly advise on how I should proceed legally.
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Team Legistro Official
🏛 Legal Information Team · Legistro.com
3 weeks ago
The first step is to send a formal legal notice through an advocate to the builder via registered post, demanding execution of the registered sale deed within 30 days. This notice is important as it serves as a legal prerequisite before approaching any forum and puts the builder on record. If the builder fails to comply, you have two strong remedies available simultaneously. First, file a complaint before the District Consumer Disputes Redressal Commission for deficiency of service and unfair trade practice. The Consumer Commission can direct the builder to execute the registered sale deed, impose a daily penalty for continued default, and award compensation for mental agony, harassment, and litigation costs. Consumer forums are relatively faster than civil courts and typically dispose of such matters within 6 to 12 months. Second, you may file a suit for specific performance of contract under the Specific Relief Act, 1963. Since you have paid the full consideration and obtained possession, the court can compel the builder to execute the sale deed in your favour. Compensation for delay in conveyance of title can also be claimed alongside. Additionally, since this is a registered project, you can file a complaint with the Karnataka Real Estate Regulatory Authority (RERA). Under RERA, the promoter is legally obligated to execute the sale deed and failure to do so attracts heavy penalties. You are also entitled to interest at the prescribed rate for every month of delay from the date you were entitled to registration. Please note that possession alone does not give you full legal title — only a registered sale deed does. Do not delay in initiating legal action as time is of essence in such matters.
⚖️ This is general legal information, not legal advice for your specific situation. For personalised advice, consult an advocate directly.

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