• Society transfer fees

We have purchased flat built up 1025 ...

Society not yet formed and builder asking us to pay Rs 250 per sqft on super built up that is 1260

We are third owner... 

In last two agreement super built up sqft is not mentioned nor in our agreement... 

How to handle this
Asked 8 years ago in Property Law
Religion: Buddhist

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13 Answers

1) refuse to pay transfer charges claimed by builder

2) According to the transfer of property Act, the owner alone holds the full right to property and the builder has no right, title or interest over the property post registration of the property in the name of the owner.

Ajay Sethi
Advocate, Mumbai
98879 Answers
8043 Consultations

you can file police complaint against builder for extortion under section 384 of IPC

2) also complaint to consumer forum against transfer charges demanded by builder

Ajay Sethi
Advocate, Mumbai
98879 Answers
8043 Consultations

Then pay transfer charges under protest

Then file complaint before consumer forum and seek refund of money paid by you with interest

Ajay Sethi
Advocate, Mumbai
98879 Answers
8043 Consultations

You can then pay the money under protest and then can claim it later through the consumer forum.

Regards

Anilesh Tewari
Advocate, New Delhi
18096 Answers
377 Consultations

also you can file a complaint against the builder as the owner has right and title on the property and the demand that is being made is illegal and arbitrary.

Anilesh Tewari
Advocate, New Delhi
18096 Answers
377 Consultations

As per real estate authority act , builder specifically has to mention the super built up area and the carpet area.. If it is not mentioned in your builder buyer agreement , you can approach consumer court or RERA( real estate regulatory authority(

Hemant Chaudhary
Advocate, Gurgaon
4631 Answers
67 Consultations

If yo are the third owner, you should contact your vendor and ask him to clear this plight

You cannot be held responsible for payment towards increase in super built area.

The builder should have collected the same from the first owner while handing over possession.

T Kalaiselvan
Advocate, Vellore
89081 Answers
2430 Consultations

But sir we want noc from them to get loan disbursement....

All this process get time our loan get delayed

As said earlier it is the vendor who has to pay the necessary difference in consideration price owing to the super built up area.

Or else you pay it now and can recover the same from your vendor.

T Kalaiselvan
Advocate, Vellore
89081 Answers
2430 Consultations

Then you give him a legal notice and the file a case in the consumer forum, if BBA mentions that the day when he offers possession will be consudered as the day from when the maintainance will be charged then you are liable to pay the same. To confirm this I will have to peruse the BBA in detail.

IN my experience I have seen that even if there is such clause then the consumer files a case in consumer forum and builder waives of such maintenance charge.

Regards

Anilesh Tewari
Advocate, New Delhi
18096 Answers
377 Consultations

Dont pay him the transfer fee by cash.

Ask him to give it in writing that you need to pay him by cash alone and demand cash receipt or this payment.

If he is still reluctant, you may issue a legal notice to him instructing him to furnish NOC after receiving necessary cheque for the purpose. Let him answer to this legal notice after which you can think of initiating further legal action on this.

You cannot lodge a police complaint but you can drag him to consumer court with a case for deficiency of service and other compensation or relief.

T Kalaiselvan
Advocate, Vellore
89081 Answers
2430 Consultations

refuse to pay transfer charges in cash

2) file complaint against builder before consumer forum for his refusal to give his NOC

3) mention he is demanding transfer charges in cash

4) obtain orders to direct builder to provide NOC

5) as mentioned earlier once flat is old title to property passes on to buyer and builder cannot demand any transfer charges

Ajay Sethi
Advocate, Mumbai
98879 Answers
8043 Consultations

allotment of car parking slot has to be mentioned in writing by builder

2) send an email to builder requesting him to allot car parking slot to you

3)if he does not reply send reminders

4) dont purchase flat if no parking slot allotted to you

Ajay Sethi
Advocate, Mumbai
98879 Answers
8043 Consultations

Before Formation Of Society Why Builder Can Not Allot Parking ?

Because builder/developer/promoter are entitle to deal with the FSI, not about the space which is not considered in FSI. When the flat purchaser comes in Sathe Khat or/ Agreement to Sell (which must have to register under MOFA/ Apartment Act) with the builder and pay the money to builder, builder can not alter/change project plan. There are clear liabilities defined in both (MOFA/Apartment Act) laws for Builders and purchaser. There is clear difference defined in flat and apartment in respective law.

Even when society is not formed or registered when a flat owner want to sell his flat he has to approach the builder for NOC.

Once builder got the completion certificate and occupancy certificate from respective authority, he is suppose to give possession of flat to purchaser if purchaser have paid the money as decided in agreement to sell. As per the MOFA and Model Agreement builder must have to form housing society as soon as minimum number of flat owners took possession to form society. Once society is formed builders must transfer all his titles/rights to society, if there is any non utilize FSI that also have to transfer to society.

Forming society is not the only sufficient but builder have to execute conveyance deed.

builder has to allot parking space according to the size of the flat as per dc rule 36, for example for one 3bhk flat builder has to allot one parking space compulsory , for two 2bhk flat builder has to allot one parking space and for four 1bhk flat builder has to allot one parking space, but builder do not follow this norms and if builder has allotted parking space for consideration of money then it is totally illegal it means you have legally bribed the builder to get the parking space from the builder and if now society is depriving you the right to park the vehicle then society has right to do so.because builder cannot sell parking space open or stilt.

Builder does not have any right to sale or allot parking lots.

It is nothing like builder can allot car park to 2 bhk or 3 bhk as per dc rule.

It’s clearly drafted that the parking lots sanctioned by Corporation and not by BUILDER to any project is depending upon the flat size.

The corporation gives some X number of parking lots and after words it’s society’s duty and right to allot parking to it’s member as per their policy of parking.

Now, the question is does society have to approve or agree the parking allotment done by builder?

Ans: NO, it’s totally depends on society to accept or reject the allotment. It’s not binding on society to accept parking lots as they are.

T Kalaiselvan
Advocate, Vellore
89081 Answers
2430 Consultations

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