Property possession refers to the legal right to occupy and use a property. When you possess a property, you have physical control over it and the right to enjoy its benefits, such as living in a house or using a commercial space for business purposes.
The terms “pre-possession” and “post-possession” in the context of property typically refer to the stages before and after the buyer formally takes possession of the property.
Ownership and possession are related but distinct concepts when it comes to property or belongings:
Adverse possession is a legal concept in India, as in many other jurisdictions, that deals with the acquisition of ownership rights over a property by someone who has occupied and possessed
The specific documents required to acquire a possession letter can vary depending on the context and the local regulations or policies. However, here are some common documents that may be needed:
Prepossession, in the context of a new house, refers to the activities or tasks that take place before you officially take possession or move into the property.
The buyer experiences harassment as a result of the builder’s holding up possession, and the thrill of having a brand-new home is also diminished. Additionally, there are monetary losses. To address the issue of delayed possession, the government is now developing pro-buyer rules and regulations. Even the courts are taking harsh measures against defaulting builders.
A complaint can be filed by the buyer before
Regulatory Authority for Real Estate (Development and Regulation Act, 2016). It is a brand-new law that empowers the government to establish the Real Estate Regulatory Authority. Before it, a complaint may be made. Before this Authority, the buyer may represent himself or retain legal representation. If the builder is not paying the buyer, a complaint is made. Only larger projects with a development area of more than 500 square metres are eligible for RERA.
A buyer can seek compensation from the builder –
The disagreement is settled by arbitration if there is an arbitration clause in the agreement for the sale of the home. The arbitrator may impose a reward. The buyer will need to file a civil court petition to have the arbitrator’s decision put into effect. Even if an arbitration provision is there, the buyer has the option of using Consumer Forum.
The agreement itself may provide for the penalty in default. The buyer can get the clause enforced.
Compensation can be granted even when there is a delay of one day.
Generally speaking, it is against the law to use more than one remedy at once. A buyer may contact both the RERA and the consumer forum, but he must decide which to use. As RERA is a specific statute created for the protection of home buyers, one may withdraw their case from the Consumer Forum and file it there instead.
The Consumer Forum and RERA also have the power to penalise and grant compensation. RERA has the power to impose harsher punishment.
Can you think of a moment where you did a little clapping on your back for grasping an opportunity at the very first sight of it? Your interest in reading this post is likely related to how you feel when you are purchasing real estate.
More than 56% of prospective homeowners, according to the most recent survey, have chosen to purchase a property before taking possession. Can you guess the cause? The three intriguing reasons why people decide it’s lucrative to purchase a home before possession really occurs are discussed in detail in the next section.
But before that…
Break the Myth!
People persistently believe that it is not yet wise to invest in under-construction properties and that projects that are ready to move into are more alluring.
AGREED!
The wider picture of cost and quality, meanwhile, is what the majority of people overlook when faced with such temptations. Properties that are still being built will always have options for flexible pricing that projects that are ready for occupancy do not.
You can keep an eye on your property and have surveillance on every part of it starting today. You only have authority over ready-to-move-in projects after they are presented to you with a pricey decorative appeal.
Do you believe that such a serving could have that much of an impact on you? If so, it’s time to leave that depressing realm and enter something more gratifying and lucrative in the real world.
So let’s finally take a quick look at the three advantages of purchasing a house prior to foreclosure:
An under-construction house offers a fantastic deal compared to ready-to-move-in properties because the cost of the property is one of the major variables to consider. As purchasers, you would have a wide range of possibilities that you would love to investigate without worrying about emptying your wallets and burying all of your extravagant wishes.
The math is straightforward: the prices are at their lowest point when you purchase a home at its earliest stage. As the days pass and the property nears completion, the prices rise. Therefore, the better and bigger deal you get, the earlier you buy the property!
If you purchase a completed property, the total amount due must be paid in full, not to include the registry’s administrative costs and other incidentals. While this is going on, purchasing a property that is still under construction gives you the freedom to pay only 10 to 15% of the total booking price up front, which is not a sizable sum, and the remaining amount can be skillfully financed or added to the building schedule you agreed upon.
So, there’s a shift in your next move, right? Go beyond that with a simple call!
Contact us today at +91-9810505543
It can be incredibly stressful to spend your hard-earned money on a house, apartment, or other property and not receive it on time. Additionally, when the builder refuses to answer your calls and repeatedly delays the delivery of your dream home, it drains all of your strength, concentration, and tranquilly. You lose money in EMI and rent payments, but you also risk upsetting your family’s peace of mind by going through this mental anguish. Legal battles are tedious and exhausting to fight. You have nightmares about serving the builder with a legal notice.
This ongoing issue has been hurting the real estate industry for years. This was one of the factors that led to the creation of RERA, a sector-specific forum that the government felt was necessary. More than 3 lac home purchasers in Delhi NCR alone are reportedly waiting for possession despite paying 90% of their payment, according to estimates. While you are renting an apartment, it is difficult to continue paying interest to the bank. The long-cherished Indian ideal of owning a home was transformed into a nightmare. It is necessary to have a possession certificate in order to move into or use a property since it certifies that ownership has changed hands.
The RERA has given purchasers more power, but the recent realisation that they can contact numerous forums like NCLT and NCDRC has frightened rogue builders and disrupted the real estate market. However, after the dust settles, buyers will find it simple to own homes and apartments.
This blog post discusses your legal options if the builders unreasonably delay giving you possession of your apartment. “If you purchase a condo and the builder continues to postpone giving you ownership, you may file a formal complaint with the appropriate dispute resolution forum, referencing the cost of your condo or the extent of your losses. According to Advocate, disputes between 20 lakhs and 1 crore can be lodged with the SCDRC, while those beyond 1 crore can be submitted with the NCDRC in New Delhi..
“You can also file a complaint to RERA of your respective state claiming your refund along with the interest or damages,”
Under the RERA Act of 2016, a buyer may register a claim and provide the builder legal notice of the delay in possession, or they may move their claim from a CDRC to the State Real Estate Regulatory Authority. This Act mandates that a builder who delays the delivery of apartments must pay 10% interest on the property’s worth. Home buyers who are upset can take their complaints to one of three forums.:
RERA is a court that is specifically designed to handle disputes that arise in the real estate industry. The RERA Act, which was established in 2016, is still being developed. It has jurisdiction over all real estate cases through its appellate body, the RERA Appellate Tribunal. Any claim amount may be the subject of an RERA complaint, but a complaint cannot be lodged if the occupancy certificate has already been issued. It enables purchasers to receive a full refund of their cash plus interest or monthly interest up until the builder hands over possession..
RERA Act clears out each case typically within 60 days and its court fees vary from Rs. 1,000 to Rs. 5,000 for different states with the litigation costs within Rs. 25,000 to Rs. 75,000 (with execution).
The 1986 Consumer Protection Act gives consumers the right to protest to the function Object() { [native code] } about “deficiency in service.” With its Appellate Body District Forum to SCDRC (State Consumer Dispute Resolution Commission), SCDRC to NCDRC (National Consumer Dispute Resolution Commission), and NCDRC to Supreme Court, this statute has been successfully formed since 1986. According to this law, purchasers may make complaints in the dispute forum for claims of up to Rs. 20 lakh, in the SCDRC for claims of between Rs. 20 lakh and Rs. 1 crore, and in the NCDRC for claims of greater than Rs. 1 crore. It allows customers to receive a return with interest or delayed possession in exchange for compensation for emotional distress, legal fees, etc..
According to the statute, the Consumer Forum takes approximately one or two years to resolve a matter and charges between Rs. 2,000 and Rs. 5,000 as court costs. The District Forum’s legal proceedings cost approximately Rs. 10,000–20,000, Rs. 30,000–60,000 for SCDRC, and Rs. 60,000–2,000,000 for NCDRC..
Under the 2016-enacted Insolvency and Bankruptcy Code, the buyer may start insolvency procedures if the builder is unable to complete the real estate project. This well-known statute, which has an appeals body in the National Company Law Appellate Tribunal (NCLAT), resolves disputes for registered firms with poor financial standing that total more than Rs. 1 lakh. By allowing them to collect their share at liquidation and compensating the owner with the company’s dissolution,.
According to the statute, it normally takes 9 to 12 months to get a verdict in a matter. Its court fee is Rs. 25,000, and the litigation costs range from Rs. 60,000 to Rs. 1,50,000 for individuals and from Rs. 30,000 to Rs. 50,000 per person for NCLT Group (10+)..