Can a builder force a buyer to register property prior giving possession

Q: I am about to get possession of my flat from AFNHB Airforce Naval Housing Board. Builder is telling me to register the property prior to giving possession.
Is this legally permitted

Rahul Dev, Jalandhar

12th March 2017

Legal in Jalandhar-Amritsar Highway, Jalandhar

occupancy certificate

possession without oc

importance of oc

property registration without oc

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Replies (3)

In India, builders cannot compel buyers to register properties before granting possession. As per the Real Estate (Regulation and Development) Act, 2016, builders must obtain occupancy certificates before handing over possession.

stellarhomes developers,

19th March 2025

Comment

I am agree with Baljeet..... if builder has rights to cancel your booking for delay payments then buyer too has rights if a builder fails to provide Occupancy Certificate during registration. So make the final payment and proceed for registration, if the builder fails to provide the OC (if accepted by builder to be provided) then you can proceed legally against the builder for non-compliance. There is no question of any force being put by the builder on buyer.

Samarjit, Chandigarh

30th March 2017

Comment

According to me, you should first ask for the occupancy certificate from your builder. Without occupancy certificate, a flat/apartment consider as illegal and local body has rights to disconnect you electricity and water connection. But the builder is too bound to fulfil his part of the contract before he claims 100% payment. You can register without OC by asking the builder to give a written undertaking regarding the OC in a specific time period.

Saran, Noida

30th March 2017

Hi Rahul!!
What is the terms stated in the agreement of sale and agreement to build executed by the builder? The time for payment will be fixed as per the stage of completion (construction linked payment plan), if the agreement stipulates payment of the final or balance on completion of registration then irrespective of obtaining the OC the payment has to be made. Otherwise the builder can go ahead and cancel or terminate the agreement for non-payment despite intimation.

Baljeet Singh, Chandigarh

30th March 2017

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