Legal Question in Real Estate Law in India

We have home on padhadi system from last 30 years in Malad, Mumbai Maharashtra. Our bldg is going for re-development. Almost 80% of the flats are emptied now and they have registered for the area of their flat so that they can occupy the new flat in new bldg. However, the bldg has not received the IOD yet.

Our issue is that due to certain technical problem in the area of our flat being not adjusted in the blue print of new bldg, we have not yet registered for the flat as others have. Now buider tells us to leave the flat and do the registation after IOD comes. Is it safe to leave the flat without registration. And what if the IOD does not come? Can builder deny us the right to the property or ownership in the new bldg without registration.

Asked on 5/11/13, 11:34 pm

2 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP


Dear Sir / Madam,

You should leave the flat only after the builder procures the IOD and completes the registration of your flat immediately thereafter. The builder cannot deny you the right to the property since you will leave the flat only after the registration process is completed.


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Answered on 5/12/13, 3:27 am

Jayesh Desai Jayesh Desai

Before executing a registered document you should not leave.

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Answered on 5/16/13, 12:29 am

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