Handover of documents

Handover of documents

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Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a law firmYour property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a law firm

I am the owner of a flat comprising eight other apartments. We bought this apartment six years ago and almost all the owners have repaid their loan amount. We were all given the duplicate documents of our apartments but the builder is not willing to handover the original land documents to us. I’m unable to understand why he is hesitating. What could be using the documents for? Please clarify.

D. Ramaadevi

As the owner of an apartment, the original Sale Deed for undivided share of land and the original Construction Agreement have to be in your custody.
If any buyer has obtained a housing loan, these original documents will be in the custody of the bank and would be returned to the owner on closure of loan.

The original parent documents pertaining to the land on which the building stands have to be handed over to the association of flat owners once the project is completed and sold.

If the builder refuses to hand over the documents, the association has to take legal action to retrieve the same.

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