How to secure property title, a proper back to back rent agreement format
I purchased an under construction office space in Noida,U.P. in the year 2011/2012
TITLE: It was a part of a big floor plate but divisible & separable. In year 2015,inspite of the builder not making the building occupier worthy ,the builder got an OC. Even after getting an OC, we have not been able to register the office space in our name. Whenever we approach the builder, he says that they (builder) have not fully made their share of payment to Noida and hence cannot get the registry in our name.
CIRCLE RATES RISING: Since then, the circle rates have been increasing over our purchase price. This may have taxation problems when we finally reach the registration stage when the builder makes final payment.
ABNOXIOUS MONETARY DEMANDS: Meanwhile, he has been making frivolous demands outside the allotment letter terms in the name of Electrification charges, Green charges. Inspite of our floor being incomplete, he asked for & collected maintenance charges from us and all other persons without which NOC for renting/leasing was not given.
RENT /LEASE: Finally, our complete floor (including my part office space on the floor) was rented to a company. Since the builder was having title, the tenant company entered lease with the builder without recognising/appreciating the fact that there some office spaces in the floor was allotted to persons like me. They entered into lease agreement with the builder who started collecting rent from the tenant. The rent agreement was not shared with us. Rather a back to back agreement was done with us at a very low monthly rental . Only 1 copy of this back to back rent agreement was made on a stamp paper & we were given a photocopy of the back to back monthly rental cheques.
20% LESS PAYMENT BEING RECEIVED:For 1 year, rental cheques were given to us on a back to back basis by deducting 10% TDS. But after 1 year , he has started giving us 20% less rental because he(the builder) is unable to get immediate credit of TDS which the tenant deducts due to his (builder’s) income tax case(being an IT raid case which is decided after 3 years). Thus in effect he has started taking credit of TDS which his tenant deducts & will repay us (if he does) after 4 years.
FORCIBLE CREDIT/RENT RECEIVABLE :As far as we are concerned ,in our IT return, we have to show full rent as per back to back rent agreement and pay ITax on it whereas some part of back to back rent is still receivable by us.
Inspite of our repeated requests for getting our area registry in our name, he is not making any effort to get the same.
We feel even after so many years, we have neither the title nor the proper rental return with future being uncertain.
PLEASE ADVICE FROM WHERE TO START. My mail ID is: [deleted]
Asked 4 years ago in Property Law
1)Since there are a host of suggestions from filing case in consumer court, civil remedy, criminal remedy, which is the most convenient effective remedy ?
2)Can we file straight in National Consumer Forum in New Delhi since for Uttar Pradesh, appeal of Noida district forum,if any or need arises, lies in Lucknow & then in New Delhi ?
3)Can we force the builder to form a Allotee association or Owners Society ?
4)If OC has been taken before RERA came into force,can we seek RERA remedy, since it seems to be most efficacious one ?
Asked 4 years ago