• Dispute of flat in Okhla

Sir
i have constructed a building in collabororation with the land owner in joga bai extn okhla nd 25 with the deal of 2nd and 3rd floor goes to the builder and ground ,1st and 4th goes to the land owner, with 10 lacs as extra payment given to land owner by the builder.
sir as i have constructed the building and given 10 lacs as written in agreement which i have reciept of on plain paper with rasidi ticket and signed by the owner.
the problem arose when the land owner bought a flat on third floor belongin to the builder on asuured sum of 17 lacs to be paid by land owner to the builder, i the builder recievd 7 lacs against the payment of 17 lakhs and the land owner asked to give that 7 lacs on the gpa that i gave him of the aforesaid flat and the sale written on it is 6 lacs which they asked to write so that they dont have to pay more stamp duty if the colony gets regularised in near future,now the land owner refuses to pay the remaining amount of 10 lakhs saying that this 10 lakhs were adjusted as per the collaboration agreement amount of 10 lakhs that i was suppose to give them which i have already paid and have the reciept of cash signed by land owner .
i have not given the chain which is the gpa in my name to them and also have electricity meter in my name and also have the possession of the flat with me, as i do not live there but keys are with me 
pls advice me what to do
Asked 1 year ago in Property Law from delhi, Delhi
1) under terms of agreement signed by you with landowner after construction of building you were required to pay Rs 10 lakhs to the owner 

2)you have duly handed over Rs 10 lakhs to land owner as per receipt received by you . 

3)i presume payment was made by cheque 

4) if landowner has failed to pay you Rs 17 lakhs for sale of 3rd floor flat you can refuse to hand over possession but the problem is in your sale agreement consideration mentioned is only Rs 7 lakhs 

5) the land owner can argue that full payment has been made as per sale agreement . 

6) if you fail to hand over possession landowner will file suit for specif performance of contract and seek delivery of possesion 

7) dont transfer electricity meter in name of land owner . 

8) till landowner makes full payment start staying in said flat . 

9) let landowner move court for necessary reliefs
Ajay Sethi
Advocate, Mumbai
23346 Answers
1221 Consultations
5.0 on 5.0
Hi, you can handover the possession of the flat only after payment of full amount if they failed to pay the full amount then don not give possession.

2.  Further from your narration it is not clear whether you have executed a registered sale deed or not  if you executed the registered sale deed then you can not do anything.

3. If you registered the property then you have no other option you have to issued legal notice for the recovery of the remaining amount.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) you have receipt for cash payment of Rs 10 lakhs by you . 

2) the sale deed is not stamped and registered hence inadmissible in evidence 

3) further GPA for sale of property has to be registered which is not done . 

4) land owner/ buyer will issue you legal notice to execute registered sale deed , deliver possession of flat and in event  of your failure file suit for specific performance 

5) try to arrive at an amicable out of court settlement .
Ajay Sethi
Advocate, Mumbai
23346 Answers
1221 Consultations
5.0 on 5.0
Hi, if it is not registered then it can not be called sale deed and more over you have not executed any sale deed and you have executed GPA and GPA which includes sale clause it has to be compulsory registered other wise it has no value in the eye of law. 

2. So you have not received full amount so don not deliver the possession to the land owner/ buyer and after receiving the full amount  then only you can execute  the sale deed.

3.  If you want you can cancel the GPA you have executed in favour of your land owner.

4.  Don not bother much they can not do anything unless and until they paid the full amount then only you can execute sale deed.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Hello,

1) It appears that none of your transaction is made into a registered document. They ought to have been. The agreement between you and the land owner and the sale Deed as well.

2) the fact that the sale deed was on a Rs.50/- stamp paper and the GPA was not registered render the sale totally invalid and illegal. No title has been transferred.

3) Refuse to give possession. By no means transfer the electricity meter until the agreed sum is received. 

4) The land owner has no case to move the court where as you have at least a proof of having made the payment of Rs.10 lacs in fulfillment of the agreement with the land owner.Therefore wait until he takes any steps  and contact a lawyer locally if and when the owner takes any steps.
S J Mathew
Advocate, Mumbai
1953 Answers
65 Consultations
5.0 on 5.0
1. Your basic problem is that you have shown the flat you sold to the landowner at Rs.6 lakhs whereas it was actually Rs.17 Lakhs,

2. If you do not give possession of the flat to him he can move before the Consumer Court for getting possession of  the said flat alongwith damage and cost,

3. Has the sale deed of the said flat been Registered? The stamp duty is paid on the circle rate and not on the price mentioned in the sale deed,

4. If not, then cancel the said agreement and refund Rs. 6 lakhs with interest,

5. If it is registered, then the owner can seek relief from the consumer forum.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. Since the sale deed has not been registered, it has no value at all,

2. Send a letter to him stating that you are hereby returning Rs.6 lakhs he had paid to you and is cancelling the agreement since the builder did not register the sale deed,

3. Send the payment through DD or send the said Rs.6 lakhs to his account through Electronic transfer.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0

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