Home Possession and its Importance | Bricksnwall
Home Possession and its Importance

Home Possession and its Importance

Koheli | 2022-10-31

Introduction

Living a new and fresh life with the people you love the most in a new place you found alone for the first time cannot be explained in words. It is a type of emotion that makes people happy and proud of what they have achieved by investing a large part of their investments. Most people acquire a home for themselves once in their life cycle, and it's what makes them feel attached and connected to their own place. But before you pack all your belongings and belongings and prepare to move to a new home, check and verify these essential documents and details to avoid complex and unexpected situations shortly. Improper documentation, careless registration, and lack of title certificates can be severe causes during home possession. Many people may have heard this word for the first time, and we must inform you about this particular subject and related things as best and as efficiently as possible.

Meaning and Uses

Suppose you have recently purchased a new property and met all its conditions. After that, you pack all your stuff and are ready to move to that place with your family or loved ones. Then such a transfer or it can also be said that taking possession of the newly built house with proper legal confirmation in return is called home ownership. The same is provided by a person named "tehsildar" in rural areas and by an official named RDO (Head of the Regional Department) in urban areas.

This detailed documentation or certificate is helpful for any new buyer in many ways, whether the official and legal transfer of ownership from the first owner to the new owner or when you want to apply for a home loan to pay the amount. Without such a certificate, you are not legally entitled to acquire ownership or title to it, making it an essential document if you wish to claim anything related to your new purchase.

Home Possession Checklist

Convenience: 

Remember all the amenities the builder promised in their glossy brochure? From the clubhouse to the pool to the running track, take a closer look and ensure everything is in place. Some of them may be in poor condition at the time of ownership or may be delayed. In such a scenario, it is a good idea to contact the builder for the deadlines for these facilities.

Search accessories and furniture: 

A manufacturer must supply a brand equal to or equivalent to the one mentioned above for accessories such as electrical panels, door handles, sanitary ware, etc. Follow the plan of the unit when it comes to doors and windows, as there is a possibility that broken and unmaintained windows and doors will greet you. Ensure all doors and windows are correctly locked and open and close smoothly.

Cracks developed:

The most common problem after possession is a hole or crack in the wall. The builder can refuse to fix such damage after you take the keys.

Drainage outlets not maintained:

Homeowners do not want clogged drainage outlets. Check all drainage outlets in your bathroom, kitchen, utility area, etc., to ensure they function correctly.

Space:

Measure each room, door, and window with the measuring tape. Ensure all of the items are by the contract of sale.

Set of keys:

Before you sign off on the completion of possession, ensure that you obtain at least two sets of keys from the builders.

Documentation Required

To obtain a certification relating to the ownership or ownership of your new property, you must submit several attached documents to the competent authority, and these are:

  • Purchase agreement
  • Sign proof of new purchase for identification purposes
  • A certification called COE (Certificate of Encumbrance)
  • Copy of the registered sales contract

Home Possession Certification - What Rights Can You Exercise?

This particular list was related to paperwork and documentation. Now let's come to the rights a person can exercise and is bound by this home ownership certificate.

  • The new buyer can renovate or upgrade the property acquired to make a possible purchase in the future.
  • This gives the buyer full control of the property.
  • If you wish, your property can be resold. The buyer can improve its value.
  • The buyer can rent the property, and they can earn money from the deal.
  • All amounts paid by the property and the seller before delivery are the responsibility of the buyer if the seller refuses to deliver the goods.
  • The buyer also has the right to claim attorney and court fees if the seller does not transfer ownership.

You are now ready to get certified related to the same but wait; this is not just something that can happen as it is a complex and time-consuming process. Many people experience an unusual lag in the same, which makes them very tense and stressed about the newly purchased property as they have spent a considerable amount of money on the same and are very attached. The reasons for this can be much, much more persistent. Let's clarify them.

Reasons delaying the home ownership process

If a contract or legal document provides an extended period for the transfer of ownership, it will be delayed. Developers, real estate agents and promoters are usually sued by homebuyers and buyers on these grounds. The longer the delay, the more likely the law will favor the buyer or heir, especially if they have paid a significant portion of the total purchase price for the property in question. The law is more likely to favor the buyer or heir of the property with a longer delay, significantly if the buyer or heir has delayed payment of a significant portion of the purchase price—total purchase of the property.

a) Underlying Causes

  • The builder's negligence may affect the builder's relationship with the buyer, and the buyer may refuse to own it. If the owner does not provide proof of occupancy, the buyer may refuse occupancy before receipt, ultimately delaying acceptance.
  • It occurs when the developer or builder cannot secure the necessary financial resources to start the construction process.
  • Supply and demand patterns fluctuate in the real estate industry due to its unregulated nature. The builder's financial situation can be negatively affected if buyers refuse particular objects. To be able to continue working, builders must gain stability.
  • The hold-up can be caused by events beyond the homebuilder or purchaser's control, such as earthquakes, floods, riots, political instability, etc. In this case, there is a very low probability of occurrence.
  • Another thing that can delay things is a lack of work or development items in a given season. Unlike circumstances where the home builder has no control, there is usually a short period when such needs arise when they exist. Temporary workers regularly use the postman to hide their ulterior motives for getting a job, along with several other explanations.

Home Possession - What All Could I Do Or Ask Someone To Handle Them For Me

Now that you know all the things that can get in the way of this process, you must be wondering what else I could do or ask someone to do the same for me. The law has it all for you, as many institutions and agencies have been created to deal with these home ownership issues.

Authorities and Legal Acts:

Consumer Disputes Review Committee

A person who has a problem with property held over by a developer can make a complaint under the Consumer Protection Act 1986 to a court that has jurisdiction over that property. The provisions of the law allow consumers to file a complaint only when they discover unfair trade practices or defects in goods and services.

National Company Law Tribunal (NCLT)

A national corporate law tribunal is a body established by the Government.

Due to the lack of funds, the developer cannot proceed with the project due to delays in delivering the property to the buyer. In such a case, the buyer has the right to file for bankruptcy through the NCLT. It takes 9-12 months to set these things up in most cases.

Protection of Consumers Forum

  • The Promoter will be responsible for refunding all amounts paid by the Customer, together with interest, if the contract is terminated and a refund request is made.
  • You may also be entitled to damages for the replacement rental if the buyer has suffered psychological suffering.

Other remedies:

Use social media as a tool.

Internet life can be beneficial if everyone contributes to the cause. You have to be honest with them and at least trust them.

Settlement may help

There is nothing that cannot be resolved by agreement. If the contract is uneven, there will be delays from the home builder, and too much work can cause the temperature to reach the cash register. To avoid being scammed in these situations, ensure you have a trusted agency or seek legal help.

Look for alternatives

You cannot remain silent and continue to suffer until the day you receive the property you have obtained. Be prepared to negotiate with the latest talent and pressure home builders to exercise your title and property rights. Where suitability has not yet been established, the buyer question remains an agreed approach to defining terms and conditions. First, make sure the contract includes a promise of on-time delivery.

You are legally protected.

The Domestic Building Contracts Act 1995 states that the builder must provide guarantees for the timely completion of a project, that all works performed comply with the legality, plans, and specifications of the contract, and that all materials used in the construction of the project have been used, are of high quality and that when the work is completed the house is safe and suitable for the home.

There are several reasons why builders delay ownership. Investing in real estate projects is always a good idea, but taking precautions when investing is also a good idea. It is advisable to review all buyer-builder agreements carefully to avoid discrepancies in future transactions.

Summary

Owning a new home is an unparalleled pleasure. This is a unique opportunity to see your goals come true after years of preparation and saving. The exact appearance is essential as it can affect how customers feel when entering the apartment complex. Once you have acquired the property after completing the paperwork and other responsibilities, you are not entitled to make any repairs or improvements until the sale has been legally completed. This means that if a building has significant structural problems, it must be repaired by a qualified contractor before the sale can begin.

FAQ's

How long does it take to be certified?

The period varies from state to state, but once the application is submitted, the verification is carried out under the supervision of the appropriate person. If all goes well, you will usually receive proof of ownership within seven days of the inspection.

Who is Tahsildar? 

Tahsildar is the Gazetteer for land, tax, and revenue matters. In rural areas, you need to go to the appropriate Tahsildar office to get a proof of ownership. 

Are there any fees I have to pay?

Yes, you have to pay different taxes depending on the state. Rewards are based on the group or category you belong to, such as below the poverty line, above the poverty line, and SC/ST.

How to fix delayed home possession?

  • You can complain in a consumer forum against the builder and seek orders in a consumer forum to order the builder to execute the registered sale deed in your favor and to deliver possession of the property.
  • You can also ask for interest and compensation for the mental torture you went through.
  • Take possession of the flat and then take action against the builder to seek damages for mental torture and compensation for delay in possession.

   Please fill your details

  

Now

     

Enquire