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HRERA rules builders cannot block fully paid buyers from transferring their units

A common problem in older Gurugram projects is this: the buyer has paid in full, the building has its occupation certificate, but the developer still hasn’t executed the conveyance deed. Without it, some developers have refused to let buyers sell or transfer their units.

On 10 September 2026, the Haryana Real Estate Regulatory Authority (HRERA) said that isn’t allowed.

The case was Sukhvir v. Apex Build-well. It involved a commercial shop in Sector 37C, Gurugram, worth about ₹27 lakh. The buyer had paid the full price, but the developer’s delays had held up the paperwork.

HRERA held that a fully paid buyer keeps the right to transfer the property, even if the developer hasn’t yet executed the conveyance deed. “The right to alienate property, including the ability to sell, transfer, gift or assign it, is an essential right of an owner,” the order said.

The developer was ordered to pay:
• 11% annual interest on ₹27,05,344, for the period from 24 May 2020 to 5 January 2023
• ₹1 lakh as compensation for mental harassment
• ₹50,000 towards litigation costs

HRERA also restated the rule on timing: developers must execute the conveyance deed within three months of receiving the occupation certificate.

The order has limits. Buyers still have to complete all the legal registration and documentation for a transfer. What the order stops is a developer using its own delay as a reason to hold up the transfer.


What it means for resale buyers and sellers

Much of our work in Palam Vihar and Sector 37D is resale, often in societies where the conveyance deed was delayed for years. This order helps sellers in that position, and it makes such units easier to buy.

If you’re selling a fully paid unit and the developer is holding up the transfer, this order gives you something concrete to point to. If you’re buying resale, still check the conveyance deed status, the occupation certificate and any dues to the developer or society before you pay a token amount. We do these checks as a standard part of every resale deal we handle.

Source: Grihik, 29 September 2026, reporting HRERA’s order of 10 September 2026.