1) builder can recover additional amount from flat purchasers as per builder buyers agreement
2) better make payment otherwise builder would not hand over possession of flat to you
Land compensation to farmers in Noida to be paid by end users
Residential apartment end users in NOIDA have been asked to pay the additional amount pertaining to the land compensation Court ordered NOIDA authority to pay the additional amount to the farmers. The additional amounts were paid by the NOIDA authority to the farmers but NOIDA authority raised additional demands from the builders and developers to whom the land were alloted. The builders and developers in turn raised the additional demands to the end users. NOIDA authrity's lease deed agreement with the builder/developer clearly sates that if there are additional amounts levied due to land compensation etc, the builder developer is liable to pay that. The Builder and buyer agreement replicates the same clause passing on the burden to the end users Now the question is, who will pay? As after the demand is raised, some residents feel that they must now while a few still believes that this amout must be paid as per the agreement with the builder What's your view?
Asked 8 years ago in Property Law
Religion: Hindu
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7 Answers
If the BBA says so that in case of such demand being raised by authorities the burden will shift to end users then you will have to abide by the terms of such agreement.
You can not do much to escape the same as you yourself agreed to such condition.
Let me know if I can be of further help and correct me if I am factually wrong.
Regards
Very helpful. Thank you. What if the possession is already given by the builders and the registry of the flat already happened? All other conditions remaining the same, will those flat owners who have registered their house will still need to pay the proportionate amount of the land compensation ? Kindly advise
Asked 8 years ago
even if registered sale deed has been executed , possession has been delivered ,you have to pay the proportionate amount of land compensation
It will be good if you can share the language of the clause.
But to the best of my knowledge and experience when such unexpected cost is imposed by the government then the part is equally shared by all the residents.
Regards
If the possession has been given, and the management has also been handed over to RWA, it's the realtor/promoter who is the one liable to pay this additional demand. After execution of the sale deed and handover of possession, builder cannot pass on this additional liability upon the end users.
If the builder buyer agreement finds this clause then it is the end user, i.e., the buyer who has to bear this additional cost.
This may be treated as additional cost towards the purchase of the property/flat by the buyer.
What if the possession is already given by the builders and the registry of the flat already happened? All other conditions remaining the same, will those flat owners who have registered their house will still need to pay the proportionate amount of the land compensation
The conditions in the registered sale deed would cover all such incidentals.
It would have been mentioned in the deed that the additional levies by government shall be borne by the buyer, this way the builder will send notice to recover the additional cost proportionately from the buyers.