Honble Supreme Court vide its judgment rendered in case titled as Suraj Lamp and Pvt. Ltd. v/s State of Haryana and another held that Transactions of the nature of GPA sales or Agreement to Sell/GPA/Will transfers do not convey title and do not amount to transfer nor can they be recognized or valid mode of transfer of immovable property.

So, you should not proceed with this deal at all. The money paid by you can be recovered by way of a suit for recovery against the Builder even if there is no such provision as the seller has to title to sell in absence of a registered sale deed in his name.

1. The builder will give you OC/ CC issued by the government before giving the possession of the flat. So at the time of taking possession if he does not give you OC/ CC then you can claim refund from the builder.

2. You will have to go to the registrar office to get the GPA registered.

3. If the construction is illegal then they have the right to deny connection.

4. Sanctioned map and the registry.

5. Yes you have the right to get back the money, any such clause is bad in the eyes of law.

Do keep in mind if you reach court then it will take atleast 2-3 years for the case to get decided.

Regards

1) check whether building plans are sanctioned

2) whether occupation certificate is issued or not

3) check whether builder has clear and marketable title to property

4) GPA has to be submitted for registration within maximum 8 months of execution

5) builder would not refund your money if you fail to make balance payment

Firslty, Sur, let me tell you step by step, as before making the final payment you should ask builder to get all the necessary permissions from the concerned department.

Secondly, as per the MCD Buoldong by laws, even if the height of building is 15 mtr then also it should not have more than three floors, meaning here by is ground plus more three floor on it.

Thirdly, yes, they may refuse to do so, and after that even if you go before the court then BSES would say the same as the building in not constructed as per law.

Fourthly, the agreement clause will be applicable on you only if you have done something wrong and have forfeited the agreement.

Fifthly, it is the builders fault for not getting proper permission before getting it started or selling.

Sixthly, you should approach the civil court before cancellance ofthe agreement as it was executed on false information, you will surely get your money back.

Hi, you must ask for the approval of building plan and sanctioned plan by the MCD ...If the construction is not in accordance with the plan you can seek you amount back from the builder

GPA is not safe option as far as delhi property is concerned.

Ask for return of bayana by noticing him

1)5 documents you must verify

a) Sale deed

b)Completion/Occupancy Certificate

c)Building plan

d)Encumbrance certificate

e)Mutation certificate

2)Officials said that the Master Plan of Delhi 2021 allows a maximum height of 15 metres for buildings at present. However, there are plans to amend the rules and raise the cap to 17.5 metres which will be applicable to those buildings that go for stilt parking on the ground floor

Tokens are always refundable as per market practices.

1. sanctioned plans, commencement certificate, permissions from various authorities like Fire, Traffic, etc. Whether project is registered with RERA?

2. ask builder to execute registered agreement with you

3. Yes it can if the construction is illegal and without permission

4. you will need height clearance certificate saying builder was allowed to construct building above 15 mtrs

5. yes you can claim refund if builder has sold you an apartment which does not have proper permissions. Make a complaint to RERA and claim refund of money alongwith interest and compensation

1. Sir the commencement certificate, plan approvals from the competent authority, further title of the land.

2. The purchase on basis of the GPA is not valid GPA is no valid instrument to transfer(Refer Sc judgement of Suraj lamps). it should be purchased through proper sale deed.

3. For that the local electricity act has to be referred the electricity department can refuse the connection/.

4. Registered sale deed for title and the approved plans of the building.

5. No it cannot be fortified in whole even if written in bayana you can file a suit to get money back the builder can deduct only the damages.

1. The documents to be checked are:

Sale deed, mother deed, building approval plan, conversion certificate, commencement certificate, betterment charges receipt, encumbrance certificate, POA, latest tax paid receipt, CC/OC (for constructed property).

2. You cannot buy the property under GPA in your name, the seller can sell it through a GPA, but the buyer has to purchase it through a registered sale deed alone, if you buy it by a GPA deed, then it is invalid and illegal.

3. If the construction is violating the approved plan then the Electricity board may refuse to give electricity connection.\

4. The documents mentioned in the 1st answer above.

5. The builder cannot make such unjustified and unilateral agreement, if he refuses he can be dragged to court for recovery.

Dear Maheshji,

For recovery of money you have approach civil court.But if you want possession related relief you may also approach the consumer forum

Engage local lawyer

File complaint before consumer forum and seek orders to direct builder to refund your money with interest

Also claim litigation costs and compensation for mental torture undergone by you

If the builder is refusing to refund the booking amount after some standard deductions, then you may issue a demand legal notice stipulating time for settlement of the booking amount.

Failing to respond or comply with the demand made, you may either approach consumer court or the civil court for recovery of your booking amount based on the documentary evidences in your possession.

For amount the summary suit has to be filed before the civil court.

Serve a notice to the builder to refund the entire amount in case he refuses file a summary suit before the civil court for the amount.

You can further say that you shall file a case of cheating and breach of trust

1. You will have to send a legal notice.

thereafter a case in consumer forum will be filed by an advocate.

Tell the builder that the law is against you and if we go to the court then you will have to pay penalty.

Also remember that if the builder is having a thick skin then he will not get afraid from all this.

regards