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Author Topic: Flat Registry Pending for 25 years in Kolkata  (Read 431 times)

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Offline mrsen

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Flat Registry Pending for 25 years in Kolkata
« on: May 23, 2017, 11:34:49 PM »
Hello

Situation is..around 1990's

Reputed Builder's company( 3 Company Names) --> Mr.X ( who bought from the builder but not registered in 1991)  --> My father bought the flat from mr.X (Sale agreement done but not registered with stamp duty) and we are staying since then so around 25+ years now..

So this flat is still registered in the builders's company name ( 3 companies in the registry file and taxation) and Mr X and my father passed away..

Now when I am looking to register the flat with my mother's consent, I found that the companies registered with my flat have dissolved and merged into a major company so i went to the builder's office and they said that its been 25 years and why registry was not done and that to bring Mr X ( who has passed away) as he has not given any intimation to their office that he sold the flat to my father..

Now I am confused how to find any information about Mr. X who doesn't exist and if there is a time period for registration of flat??

I went to a local lawyer and he said to bring the amalgamation order of the 3 companies which have merged into a parent company and that one of any represntatives should appear in front of the court for registry..

We have an NOC on a white paper from Mr. X to the builder on 1991 with the company stamp of acceptance.

Possible situations please??

Offline advuma

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Re: Flat Registry Pending for 25 years in Kolkata
« Reply #1 on: May 24, 2017, 08:06:16 PM »
Your lawyer is right, now the thing is will that company send a representative will be a major headache, your father has done a huge blunder which you have to live with.

if you get the legal heirs of the person from whom you purchased this property they can transfer it to their name.

and maybe kick you out of the property, so you cannot approach them either.

bad state you are in
if u like my posting plz submit your comments

Hi, I am advocate Uma Saika, from Assam

Offline mrsen

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Re: Flat Registry Pending for 25 years in Kolkata
« Reply #2 on: May 24, 2017, 11:36:33 PM »
I know its a bad situation if the builder or Mr X heirs dont support to this situation otherwise the registry of this flat is a breeze process..

I am in a dilemma of whom to approach first as the builder's company is a huge reputed group in today's world and getting the appointement of the director is  next to impossible but he is the only decision maker and I am not sure if he would agree to the sale agreement made between my father and Mr.X even though we have a NOC from Mr.X to the builder in 1991 that he has no objection in transfering the names to my father..however one of his reps told that they don't believe to this NOC paper ...

If I approach Mr.X heirs ( First will have to find their whereabouts which is not easy either..) and if they come to know its  a bad situation they could take advantage and demand money of the situation or else help me come out of the situation ( Depends on their current mood and feelings again) ....If everyhing is ok with them..what papers as of today should I get prepared for them??

Or else we should stay in this flat for as long as many years without the registry as we have been living since 25+ years....but can' claim nor anyone can kick us out..but we can't take any loans or sell this flat either...

Any more options left legally???

Offline adv.amarnath

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Re: Flat Registry Pending for 25 years in Kolkata
« Reply #3 on: June 06, 2017, 02:27:11 PM »
All advises are non-sense. Simple file a consumer case against the company and the flat will be registered through court. I did similar case before CDF, Kolkata. Agreement for sale was executed in the year 1994 in wife's name and after death of wife, her husband has filed a consumer case.

 You can contact me at State Consumer Disputes Redressal Commission, WB at Mirza Galip Street,  Khadya Bhawan, Lindsay Street, Kollkata. My phone number is given below.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline mrsen

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Re: Flat Registry Pending for 25 years in Kolkata
« Reply #4 on: June 13, 2017, 11:09:43 AM »
Hello

Don't you think consumer court route will take much time..also..the three companies have merged into a big parent company so how will consumer court route help me..i mean what result do we expect from the consumer court route?

 

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