I Am Abroad and Cannot Attend the Builder's Conveyance Date. How Do I Show I Am Cooperating?

Answered by Advocate Sharan Jain··RERA & Homebuyer Disputes

Legal Shorts · 52 words

Reply promptly and document how you will participate in conveyance registration under section 19(11). Request the final deed and required records, then verify the lawful representation and registration arrangements for your circumstances. Being abroad does not justify silence, and a generic power of attorney should not be assumed sufficient for every act.

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Respond before the proposed date and document your readiness to complete a lawful conveyance. Section 19(11) requires the allottee to participate towards registration of the conveyance under section 17(1). Being abroad does not answer how that duty will be performed, but the promoter's chosen date does not by itself prove that your personal attendance is the only legally acceptable arrangement.

What should I ask the builder to send?

Request the complete draft deed, property description, proposed registration date, required documents, outstanding-payment statement and the basis for any urgent deadline. Ask which documents the promoter and landowner will supply and who will execute for them.

You cannot meaningfully confirm readiness by seeing only a one-line appointment message. Compare the deed with the agreement, unit details and promised rights. Raise specific errors promptly, while making clear which steps you are ready to complete.

Can a representative attend instead?

That depends on the acts required, the authority document and registration law and local requirements. Signing the deed, presenting it for registration and admitting execution are not interchangeable tasks. Ask the adviser and the relevant registration office to confirm the lawful arrangement for the actual transaction.

If authority will be executed abroad, check the required authentication, stamping and other formalities before signing it. This answer does not promise that a generic notarised power of attorney will be accepted everywhere. Obtain a document tailored to the property and permitted acts.

What should my reply to the promoter say?

State that you intend to cooperate, identify the documents still needed and propose a concrete way to complete the process. For example: "I am arranging authorised participation for registration. Please provide the final deed and the listed supporting documents, and confirm a date after those requirements are completed. My request is not a refusal to execute a compliant conveyance."

Use that wording only if it accurately describes your position. If you dispute the deed or outstanding sum, identify the dispute instead of giving an unconditional assurance that contradicts it. Keep proof of delivery and any response.

Can the promoter treat my absence as cancellation?

Do not assume either that cancellation is automatic or that absence can never have consequences. Examine the agreement, the notice, the readiness of the transaction and the applicable law. A genuine cancellation threat needs prompt advice on the facts and any protective relief.

Preserve evidence that you requested documents, proposed arrangements and responded within the available time. Repeated silence is harder to explain than a specific record of cooperation. Equally, do not sign an inaccurate no-dues or waiver statement merely to demonstrate willingness.

What if the deed contains unresolved errors?

List them precisely and attach the agreement or record supporting each correction. A wrong unit description, missing agreed right or incorrect payment recital should be addressed before execution. Distinguish those issues from personal inconvenience with the appointment date.

Ask whether the necessary documents and approvals for conveyance are available. RERA's participation duty should be read alongside the promoter's conveyance obligations under section 17. The adviser needs both sides of the record before assessing who is delaying completion.

What should I keep after registration?

Obtain the registered document and verify that it records the correct parties, property and rights. Preserve the authority document, registration record and payment acknowledgments. Do not assume a representative's message saying completed is a substitute for the registered deed.

Your immediate task is to replace a vague absence problem with a documented completion plan: correct deed, lawful authority, accepted registration procedure and a workable date. That addresses the allottee's cooperation obligation while keeping control over what is signed in your name.

This article is for general informational purposes only and does not constitute legal advice. Consult a qualified advocate for advice on your specific situation.

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Sources

The law this answer relies on, so you can read it yourself.

  1. 1.Real Estate (Regulation and Development) Act, 2016: sections 17,19(11). Read the source

The short answer's sources were checked on 29 September 2026. Statutes and judgments can change, so check the current position before you act on anything here.

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Answered by

Advocate Sharan Jain

Advocate based in Bangalore, practising before the Karnataka High Court and District, Sessions, Consumer and Family courts. Answers public legal questions to make Indian law more accessible.

This answer is general information on Indian law as at October 1, 2026, published for public education. It is not legal advice, it does not take account of your facts, and reading it does not create an advocate-client relationship. Law changes and every case turns on its own circumstances. Please consult a qualified advocate about your own matter.

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