Get flat registries executed by October 15 or face action, developers told

At least 46 private developers have not completed registries of flats yet

The Ghaziabad district administration has set a deadline of October 15 for 46 private developers who have obtained full payments and have given possession of flats to homebuyers, but not completed the registries of the flats yet.

The residents said there are blatant violations in Ghaziabad where homebuyers have been given possession but registries of flats have not been done. (SAKIB ALI/HT PHOTO)

The officials said that if the developers fail to get the registries of the flats done within the stipulated time, legal action will be initiated against them under provisions of the UP Apartment Act and the Registration Act.

Earlier, the administration had issued notices to 46 developers. A physical inspection was also undertaken by the sub-registrars. The developers failed to execute the registries of flats in favour of homebuyers. Failing to get registries done will result in denying the stamps department of revenue besides causing legal complications for homebuyers.

“The major issue in not executing registries is that the homebuyer is denied the legal right of ownership of the property. The incoming stamp revenue on registry is also held up and is causing loss to the government. The builders have been asked to execute the registries by October 15 else we will start taking legal action,” Sunil Kumar Singh, additional district magistrate (finance & revenue), said.

The officials of the stamps department said that they estimate that registries of nearly 10,000 flats constructed by different developers were pending.

“Our sub-registrars also conducted a physical survey for the past one and half months and found that registries have not been executed. These include housing societies in Vasundhara where registries have not been done. The registries are pending in areas such as Indirapuram, Vaishali and Raj Nagar Extension, among others. We may lodge FIRs if registries are not executed within the stipulated time,” Mewa Lal Patel, assistant commissioner (stamps), said.

The residents said that there are blatant violations in Ghaziabad where homebuyers have been given possession but registries of flats have not been done.

“Under the provisions of the UP Apartment Act, any promoter/developer has to first get the sale deed executed and then give possession. However, the developers cash in on the hurry of homebuyers who live on rent after procuring bank loans and try to get possession at the earliest,” Alok Kumar, president of the federation of apartment owners’ association, Ghaziabad, said.

Recently, the former vice-chairperson of the Ghaziabad development authority had issued directions for holding special weekly camps for executing the registries of properties sold by the authority.

The authority officials estimated the presence of nearly 13,000 such pending registries.

For registration of deed of apartment, Section 13 of the UP Apartment Act states, “No promoter or an apartment owner shall transfer or hand over the possession of any apartment constructed after the commencement of this Act without executing an appropriate transfer deed and also getting it registered under the provisions of the Registration Act, 1908 and it shall also be incumbent for such promoter or apartment owner to enclose a true copy of the declaration made under section 12 to such deed of transfer.”