Developer asking me to register the flat before handover. Okay?

Community Forums Legal Advice India Developer asking me to register the flat before handover. Okay?

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    • #35150 Reply
      User_c30187f0
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        U
        User_c30187f0
        PARTICIPANT
        March 15, 2025 at 7:06 am
        I am new to this. My developer is about to deliver the flat in a couple of months. Should I register the flat now or after handover. What are the pros and cons of this

      • #35154 Reply
        Silentavinash5204
        Participant
          S
          Silentavinash5204
          PARTICIPANT
          March 15, 2025 at 7:12 am
          What if the flat is not ready on time? Any penalty clause for delay?

          • #35158 Reply
            User_c30187f0
            Participant
              U
              User_c30187f0
              OP
              March 15, 2025 at 7:19 am
              Yes. Rent will be paid. However they have time till 2026

            • #35157 Reply
              Brightsanjay9083
              Participant
                B
                Brightsanjay9083
                PARTICIPANT
                March 15, 2025 at 7:19 am
                Also note that GST is applicable on purchase of under construction flats.

                • #35161 Reply
                  User_c30187f0
                  Participant
                    U
                    User_c30187f0
                    OP
                    March 15, 2025 at 7:32 am
                    Should I wait then?

              • #35153 Reply
                Fiercedeepa8125
                Participant
                  F
                  Fiercedeepa8125
                  PARTICIPANT
                  March 15, 2025 at 7:22 am
                  What if you find a huge crack in the wall or big plumbing issue or no wiring done after registration. Once you get registered the flat in your name it’s yours and the builder is not liable for anything except some regular maintenance contract, read everything properly. Sorak to your bank as well. I don’t think they will agree without a handover, and you know the reason.

                  • #35156 Reply
                    User_c30187f0
                    Participant
                      U
                      User_c30187f0
                      OP
                      March 15, 2025 at 7:34 am
                      Better to get the registration done after handover?

                      • #35160 Reply
                        Fiercedeepa8125
                        Participant
                          F
                          Fiercedeepa8125
                          PARTICIPANT
                          March 15, 2025 at 8:16 am
                          That’s standard… Only after completion of all necessary work and handover. There might be some work going on in common area but the flat should be ready for further interior work by Owner.

                    • #35152 Reply
                      Shreyaseeker789
                      Participant
                        S
                        Shreyaseeker789
                        PARTICIPANT
                        March 15, 2025 at 7:48 am
                        if most of the work is done, its ok to register the flat by holding 5-10% of the money. Its a common practice in case if housing loan is availed.

                      • #35151 Reply
                        Desiarav1081
                        Participant
                          D
                          Desiarav1081
                          PARTICIPANT
                          March 15, 2025 at 8:33 am
                          It seems like the developer is facing a cash crunch and looking to make up for it.

                          There are several ways you’d get duped if you end up registering way too much earlier than getting the possession.

                          Best thing to do would be, ek haath lain, ek haath dain. Maal dekhe bina khareedne ka koi matlab nahi banta bhidu!

                          • #35155 Reply
                            User_c30187f0
                            Participant
                              U
                              User_c30187f0
                              OP
                              March 15, 2025 at 8:35 am
                              Thank you

                              • #35159 Reply
                                Desiarav1081
                                Participant
                                  D
                                  Desiarav1081
                                  PARTICIPANT
                                  March 15, 2025 at 8:46 am
                                  Unless otherwise you get the Sale Deed made yourself with the help of an advocate and stack up the odds heavily in your favour by adding indemnity, penalty and recovery matching the property damage and recovery of the interest paid by you in the delayed time span till the possession clauses against the developer along with various other things and ask him to sign it.

                                  If he refuses to forge a contract which most likely he would, then it’s a massive red flag.

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