• Builder selling flat which will be sanctioned in future: Maharera

I am looking to buy a flat in a project approved under MahaRera. However, builder has sanctioned only 8 units out of 12. 4 units will be sanctioned later [ after he purchases TDR and revises the plan ] 
Same has been mentioned on Maha RERA website. 

The flat I wish to purchase belongs to to the one which will get sanctioned after revision. My question is , Is it legal to enter into agreement to sell with the builder for that said flat in accordance with Maharera ?
Can builder sell or accept bookings for the flats which will be sanctioned in future according to Maharera?
Asked 2 years ago in Property Law from Pune, Maharashtra
Religion: Hindu

This is my advise to you:

1. The builder will hand over to you an Allotment Letter or the Offer Letter;

2. Read the terms and conditions of the Allotment Letter;

3. If you feel there is legal obligation on you to fulfill or not avail the refund of your deposits etc. then don't go ahead with it;

4. Since it is MahaRERA monitored you have nothing to worry about;

5. If the project gets cancelled and the builder does not refund to you, you can sue him.

Gowaal Padavi
Advocate, Mumbai
1917 Answers
3 Consultations

5.0 on 5.0

If you can trust the builder without the sanctioned flat to accept the offer you may go ahead otherwise just go for the sanctioned unit only to avoid any dispute.

Vimlesh Prasad Mishra
Advocate, Lucknow
6371 Answers
20 Consultations

4.9 on 5.0

1. Absolutely no. All the flats or units being sold by the builder have to be duly sanctioned by the competent authorities.

2. The builder has to upload the sanctioned plans for the proposed flats on the Maharera website at the time of registration of the project with RERA.

3. You must not enter into any sale agreement for a flat which is not even sanctioned and does not show on the approved plans

4. You can also write to the RERA tribunal to bring to its notice about this malpractice

5. RERA will take suo motu action I.e legal action against the builder by itself without involving the complainant or informant

Yusuf Rampurawala
Advocate, Mumbai
5105 Answers
31 Consultations

5.0 on 5.0

No under RERA the builder cannot under into agreement and take consideration for any plan which is not sanctioned by the authority, So refraind from entering any such agreement after receiving said approvals you can freely enter.

Shubham Jhajharia
Advocate, Ahmedabad
24271 Answers
96 Consultations

5.0 on 5.0

Hello sir,if it is mentioned in the RERA site, then it is in accordance to the provisions of RERA..It is safe and legal to enter into the agreement...

Hemant Chaudhary
Advocate, Gurgaon
4458 Answers
34 Consultations

4.9 on 5.0

Builder cannot sell or accept bookings for flats which will be sanctioned in future

2) don’t enter into any agreement with builder for purchase of such flat

Ajay Sethi
Advocate, Mumbai
74388 Answers
4450 Consultations

5.0 on 5.0

Builder cannot sell or accept bookings for flats which will be sanctioned in future. Better advisable not to enter into agreement with builder unless the plan is approved and sanctioned by MahaRERA.

Swarnarka Chowdhury
Advocate, Mysore
1855 Answers
5 Consultations

5.0 on 5.0

If it is confirmed that the proposed property will get sanction after revision and there appears no hinderance or hidden danger in it, you may proceed with entering into a registered sale agreement with the builder.

An unregistered sale agreement may not be very effective for a successful litigation that may or may arise in future in this regard.

T Kalaiselvan
Advocate, Vellore
64348 Answers
834 Consultations

5.0 on 5.0

According to section 54 of the Transfer of Property Act the agreement to sale does not give any right to the parties except that parties are agreed to purchase the property on the terms and condition mentioned in the agreement. Therefore you can make an agreement to sale for the non sanctioned flats but in practical it would be not beneficial for you because after execution of the agreement the Builder will make you bound to pay the installments. However agreement to sale does not confer any right upon you therefore why do you pay the installment for uncertain agreement. Therefore it is my opinion to refrain from entering into the agreement to sale of the unsanctioned plan.

Shivendra Pratap Singh
Advocate, Lucknow
5124 Answers
78 Consultations

4.9 on 5.0

Dear sir don't book future flats according to maharera with the builder. Because maharera doesn't having prebooking plans of projects for builders. Maharera units completely approved by government. But builders misguide to customer and collects money on the name of imitations building plans under maharera.

Deepak Yashwantrao Bade
Advocate, Nagpur
8 Answers

4.0 on 5.0

I'll suggest you to wait till the time the builder gets the building plan for these 4 units sanctioned.

Having said the above, there's no legal impediment for you to enter into an agreement to sell even today; but it is advisable that you wait.

Vibhanshu Srivastava
Advocate, New Delhi
8957 Answers
153 Consultations

5.0 on 5.0

Dear Sir,

It is legal to entering to purchase the flat which is yet to be sanctioned, but it is at your risk. Please see that as minimum as possible be paid as advance amount.

Kishan Dutt Kalaskar
Advocate, Bengaluru
5279 Answers
171 Consultations

5.0 on 5.0

Dear Sir/Madam, after completion of the development of work of the said project at that time only you have to enter into sale agreement with said builder/developer as per Maha RERA.

C. V. Jadhav
Advocate, Bangalore
543 Answers
17 Consultations

4.7 on 5.0

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