I am about to give token to buy a flat which has been recently handed over to the owner by the builder. Society is not yet formed. Need guidance on following questions: 1) owner has paid two years advance maintenance fee which is valid till March 2019. However, I heard from direct sales person of the builder that I have to again pay the maintenance charges for 2 years in advance. Is it legal? If no, how can I defend this demand? Owner does not have payments receipts but all these charges are mentioned in the agreement between builder and owner. 2) owner is saying that there should not be such charged levied by the builder and hence before taking the deal forward, we both agreed to obtain NOC from the builder so that we get clarity on all charges to be levied by the builder. Is it true that once NOC is issued, builder can not demand any charges (including maintenance fee) from the buyer? 3)At what stage builder will register my name in his record and transfer all memberships (e. G. Clubhouse, parking ) and connections (e. G. Electricity, water, gas etc) in my name? Is there a possibility that after issuance of NOC, builder may deny registering my name without payment of demanded sum (such as paying maintenance fee again)? 4) do I need to enter into any agreement or other arrangements with builder for getting my name registered in builder's record before or after registering sale agreement (between me and seller) at local registrar office with payment of stamp duty. 5) any other material advice on the above deal? 6) pls Guide me step by step process and list of documents that I need to execute and obtain from various parties involved (owner and builder) I am going to avail loan from the same bank from which current owner has taken the loan.
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1) since seller has paid maintenance for 2 years you are not bound to pay maintenance again
2)builder will demand transfer charges for issue of NOC once NOC is issued builder cannot demand further charges
Only on payment of transfer charges would builder record your name in his records
Contact a local lawyer . Check whether builder had original documents of title . Obtain certificate from lawyer that time is clear and marketable
Hello,
1) If there's no specific clause in the agreement saying that a further 2 years maintenance the builder cannot force the payment. However before the Society is formed even as per RERA the builder can recover certain charges he incurred.
2) If the builder gives an NOC to the effect that no charges are pending, it would suffice. It must be on the letter head of the builder with the stamp and signature.
3) The builder will be bound by the NOC he issues and can't do anything to the contrary.
4) You don't need to take any such steps.
5) Carry out a property search and check the RERA website to see if the project is registered.
6) Availing loan from the same bank is fine.
claim of maintenance charge which is already paid is illegal. according to section 8 of the transfer of property act, benefit of property can not be separated at the time of sale. if owner has already paid it then builder cannot demand from you. it is attached with the property and it cannot be separated. this benefit passes forthwith the property without making any terms in the agreement.
1. You clarify this from your seller and decide to pay or refuse to pay based on the refunds if any to be made by the builder to the vendor.
2. If the maintenance charges to the vendor has not been refunded by the builder then he has no rights to charge the same once again from the new buyer, this is double taxation and illegal hence the builder may be reminded about this illegality.
The builder can be dragged to consumer forum for unfair trade practices.
3. The builder should not be concerned about this especially after issuing NOC, if he is upto any such mischief he can be dragged to consumer forum seeking justice and releif against such illegal demands.
4. Not necessary, except to comply with the requisite formalities.
Thanks to all for your valuable inputs. I have a follow up question on the above matter as under: In the process of obtaining NOC from the builder, builder has asked from the prospective buyer (me) to submit a request letter in a prescribed format which inter alia includes following clauses: A. I undertake to observe and perform all the terms and conditions, and obligations of Agreement to Sell dated _____ duly registered with the Registrar of Sub-Assurance at ________ on bearing No. ________ executed between the purchaser thereof (the Seller) and ___(Name of the Company)___ (“Agreement to Sell”) and Letter dated ___ (“Letter”) and Declaration cum Indemnity dated ___ (“Declaration”). I shall be also bound to observe all the obligations under all the rules and regulations and bye-laws applicable to the said Residential Flat. B. I hereby indemnify you and shall keep you indemnified and defended and hold harmless from and against any and all liabilities, damages, demands, claims (including third party), actions, judgments or cause of action, assessment and other costs arising out of, or in relation to: a) any breach of any representation and warranty, covenant or default pursuant to this letter, Agreement to Sell and/or the terms of the NOC; b) any liability due to non-compliance of (i) any obligation under this Agreement and/or NOC, (ii) breach of applicable law. While I am going to read the above referred documents executed between existing owner and the builder. Kindly, advise what precautions should I take. Do you sense any risk in signing the above undertaking? Additionally, while the existing owner has got a parking allotment letter from the builder, nothing is mentioned about parking in the sale agreement signed between builder and existing owner. Please advise if I need to take any extra precautions in relation to Parking area. Not sure whether I will be entitled to the said parking by default or builder may confiscate the said parking?
1) there is no harm in signing the undertaking
2) builder should mention that parking slot allotted to seller shall be transferred in your name
The parking space can not be sold separately as a separate unit hence there can be no mention about it in the sale engagement.
You take the parking allotment letter from the builder in your name.
Besides, you get the documents vetted by a local lawyer and proceed with the purchase if it is satisfactory.