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Q: I had entered into an agreement of sale with a developer to purchase a flat. I was given possession in November 2010, but have not yet received the completion certificate. So I do not wish to proceed with the registration right now. Can I claim the difference in the cost of registration accrued between the date of possession and the time of registration from the developers? What is the role of the landlord if the developers refuse to get the registration done at a later date? Can I sell the flat to a third party now?
Prosenjit Biswas, via email
A: If the delay in getting the completion certificate is due to negligence or some fault on the part of your developer (such as deviation from the sanction plan) and not a natural course of delay in the municipal office, you can claim compensation from him. If at a later date, he refuses to register the flat, you can approach the consumer forum seeking specific performance of the agreement of sale. You can also seek compensation provided you can prove deficiency in his service. Otherwise he may refuse to pay the extra cost incurred because you are deferring the process of registration. That apart, occupying any portion of a building without a completion certificate is illegal. As far as selling the flat is concerned, you do not have the right to do so because it has not yet been registered in your name and you are only an occupant, not the owner. Only the owners can sell it at this stage, making you and the developer confirming parties.
Q: We made a partition deed on stamp paper in 2001. Is it legally valid without registration? If not, can we get it registered now? Will it be valid for mutation as one of the shareholders has forgone her share?
Chandranath Mukherjee, Calcutta
A: If a deed of partition of immovable property is not registered, it is neither effective as a partition deed nor does any title pass under it. However, if the document merely re-cites an already completed partition, it does not require registration. In your case, registration of the partition deed will be required, especially because one of the shareholders has forgone her share. You can get the deed registered now but you will have to pay stamp duty on the current valuation of the property. Subsequently, you can apply for mutation and that will be valid.
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