• 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
Religion: Hindu

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8 Answers

1) issue legal notice to builder to execute registered sale deed in your favour . also call upon him to vacate premises given by him on rent to tenant .

2) if he refuses file suit for specific performance to direct builder to execute registered sale deed in your favour and to deliver vacant possession of premises

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

It appears that the builder has taken yo for a thorough ride all through these years

It is not understood that why you have not taken any legal action on it or were you not properly guided or advised by your own advocate on the basis of the practical; situations?

There is no reason that why the builder had delayed the registration of property to your name despite having received the full sale consideration amount and also having obtained OC from the concerned authorities?

WEven now you can issue a legal notice demanding the builder to perform his part of contract to register the property to your name as per the sale agreement, failing which he can be dragged to civil court with a suit for specific performance of contract or consumer court seeking relief and compensation.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

File Consumer Complain.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hello,

Get the sale deed done on your name at the earliest.

After getting the said documents on your name get the title of the property on your name.

Otherwise the builder will enjoy the adverse possession on the land.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. Registering your agreement has got nothing to do with the payments which the builder has to make to the authorities. He is clearly fooling you

2. Once OC is received you will be liable to bear the maintenance cost of your premises

3. The builder is also mandatorily required to form a society of all allottees and then convey the land and building to the society so formed

4. Once premises is sold to you and you have ade full payment, then despite the agreement not being registered, you are not required to take any NOC from builder for renting your space

5. It's quite surprising how the builder despite selling the premises to buyers, is renting out those premises and collecting rent. That cannot be.

6. You need to file a civil suit against the builder claiming:

Completing the registration formalities

Recovery of your rentals

Recovery of enhanced stamp duty and penalty due to late registration

Conveying title to the society after forming the society

Claim damages

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

It is upto you to choose the forum to which you can approach for the remedy.

The criminal route through police may not fetch you the desired relief.

If the pecuniary jurisdiction is in NOIDA then you cannot approach the national forum directly.

Yes, otherwise the buyers can form a society themselves and demand the builder to handover possession of the entire complex along with the UDS.

No, the RERA may not interfere at this stage

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

you d not fall with definition of consumer .

2) you bought commercial space for commercial purposes . hence advised you to file suit for specific performance

3) you cannot go to RERA as OC has been issued prior to REARA coming into force

4) builder is bound to form society or association

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Criminal case best remedy,

For compensation along with paid amount - consumer

Civil - not advisable, litigation cost.

Under construction/new project were required to get registered with RERA, No relief

Pecuniary Jurisdiction is 1 crore of National Commission, either your claim should this much or make a association with other buyers than file before NC.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

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