Overview
Delivery isn't done at key handover. Builders routinely leave projects in paperwork limbo: no occupancy certificate (making the building formally unauthorised, risking utilities and resale), sale deeds unregistered for years, the housing society never formed, and — the big one — conveyance of the land and building never executed, leaving the builder controlling land he's already sold, sometimes mortgaging it again. RERA Sections 11 and 17 make OC, society formation, and conveyance enforceable promoter obligations with deadlines; deemed-conveyance procedures in states like Maharashtra let societies take title even against a vanished builder.
Key Provisions — RERA + State Apartment Acts, 2016 / Various
- Section 11(4) — the promoter must obtain the OC/completion certificate and hand over documents; Section 17 — conveyance within prescribed timelines.
- Society/association formation is mandatory once the majority of units sell; handover of accounts and corpus follows.
- Deemed conveyance (state law) — societies obtain title through the registrar when the builder won't execute conveyance.
- Builder mortgages created after your agreement don't defeat allottees' rights — but must be fought on the record, fast.
What You Can Get
How We Handle It
Paperwork Audit
OC status, conveyance, society, corpus, and any builder-side encumbrances mapped.
Collective Demand
A residents' joint notice — these matters are won collectively.
RERA / Registrar
RERA complaint for obligations; deemed-conveyance application where available.
Title Completed
OC, conveyance and society control secured — the project finally yours.
Frequently Asked Questions
We've lived here 8 years and just found the builder never took the OC — how bad is it?
Serious but fixable: RERA/municipal pressure for regularisation and OC, with builder liability for the costs. It matters urgently for resale, redevelopment, and utilities — start now.
The builder mortgaged our society's land after selling us the flats — is our title at risk?
Allottee agreements generally have priority over later builder mortgages, but assert it formally — deemed conveyance plus impleading the lender protects the society's title.
Legal Connect connects you with independent advocates; we are not a law firm and this page is general information, not legal advice. Homebuyer groups filing together get the strongest outcomes — call +91 22 6555 3444.