• Purchased a property in Chhattarpur (New Delhi) on GPA

Dear Sir/Ma'am

I have purchased a property in Chhattarpur on GPA, New Delhi. Builder has constructed 4th floor exclusive parking and total height of the building inclusive parking is 15 mtr. Builder has not taken clearance from, Municipal Corporation, Traffic and Fire department or any other authority. Kindly suggest what all documents builder must have as he has not shown us any documents. We have already made half of the payment in the form of Bayana through cheques. Cheques are in favour of builder, his brother, spouse and the raw material suppliers.

Kindly guide us on the following...
1. What all documents we must have or check before making the final payment
2. How can we convert our GPA to Registered GPA
3. Do electricity board (BSES) have right to reject our connection application as we have bought 4th floor (height above 15 mtr)
4. What all document we must have from builder's side to apply for new connection.
5. Do we have right to get our payment back as its not mentioned in the bayana agreement. Bayana agreement says money will be forfeited if remaining payment not made on time.

Regards
Mahesh
Asked 4 years ago in Property Law
Religion: Hindu

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16 Answers

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.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

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

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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

Ajay Sethi
Advocate, Mumbai
87892 Answers
6207 Consultations

5.0 on 5.0

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.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

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

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

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

Ask for return of bayana by noticing him

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

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

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Tokens are always refundable as per market practices.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

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

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

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

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

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

Ajay Sethi
Advocate, Mumbai
87892 Answers
6207 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

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

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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