I have purchased a flat 5 year back.The ownership of the flats are transferred by registering the sale deed. total 6 flat in building 3 flat still vacant not sale by builder Now. Now builder demanding money for transfer ownership of land. When i file application to talathi office transfer my name on land record on basis of sale deed. Talthi officer say Builder sign necessity. what legal route for me. if i owner of flat why talthi office push me take builder sign and Builder are cheater and demanding money every time.
Dear Client,
When you buy an apartment, you are technically buying two things. The first component is the constructed part of the building where the owners will actually reside, while the second is a proportionate share of the land on which the property is built.There`s no need for separate deed for transfer of land. You are already entitle to proportionate share of land on purchase of flat.
If u own 1 flat, your share of land is 1/6th of total land.
conveyance of land would be done in favour of society or condominium formed by builder
2) issue legal notice to builder to form society or association or condominium of members
3)if he refuses file complaint against builder before consumer forum seek orders to direct builder to execute conveyance
4) seek litigation costs and compensation for mental torture undergone by you
1. first all flat owners have to form an association of flat owners
2. then the association can make an application to the deputy registrar appointed under Maharashtra Ownership of Flats Act to grant deemed conveyance of land in favour of the association
3. no need to pay any money or take NOC of the builder
4. The registrar will issue notice to the builder. If he does not respond then the registrar will convey the land to the association by executing transfer deed
Go through all the documents and contents of sale deed. The builder may have sold you super structure/flat without including the price of land. Had you gone through the documents thoroughly you would not be trapped unnecessarily. In case there is no such mention and builder is demanding on his own, file a joint complaint by the occupants of all the 6 flats with the consumer court and be vigilant so that builder may not cheat the other 3 flats owners.
1. It seems local requirement as while purchasing flat the land lying beneath is also transferred and hence there is no requirement for separate sale deed for this.
2. However if in your city it is a requirement then you builder is bound to do so without any extra payment.
3. If he does not do so you can file case before the consume forum therefrom such order would be passed and you will get additional damages and compensation also.
This is my response to you:
1. If you feel the builder is a cheater, file a complaint against the police;
2. Ask the builder to do what is necessary from his side;
3. Are you the owner of the land?
4. Certain facts are incomplete, please specify more details.
Send a legal notice to build and approach Consumer Court for defiency in service
Since the builder has sold the property he is considered as owner hence he has to initiate the transfer formalities.
If the builder demands money you may issue a legal notice to him asking him to explain that under which law or an authority that he demands this money for transferring the revenue records to your name or whether this was included in the sale agreement as a condition.
If there is no response or if he is not complying with the demands made, you may drag him to consumer forum for relief and compensation
