Inappropriate narrations sale deed of flat
I had booked a Flat in an ongoing(near completion)project at Siliguri, West Bengal(Pin-734010) with Payment of Advance with Application in June 2018 followed by Agreement for Sale in July 2018. Certain issues in Sale Agreement were not appropriate. I raised my objection. The project was not registered under RERA . I also was not aware of RERA that time. However further payment proceed. Bank loan sanctioned and Quadripartite Agreement with Bank also executed between BANK, BUYER, BUILDER and LAND OWNER.Land owner is a Lawyer. Land is in his name and building plan also sanctioned in his name. He and a builder and another person formed a partnership firm and as per statement the land owner attached the land with the firm as his capital contribution. Nor Deed of Transfer has been executed on the land between the land owner and the firm. Now sanction plan was issued in favour of the Land owner(Not the firm) by the Competent Authority (SILIGURI MUNICIPAL CORPORATION). Now the firm wants to be seller /vendor of the flats constructed on the land. I objected. And the land owner then agreed to be vendor.
Now flat is near completion but OCCUPANCY CERTIFICATE is not issued from competent authority till date. But in November 2018 the firm issued a notice of possession with commencement of MAINTAINANCE CHARGE from December 2018. I objected. I categorically communicated the without OC ,I will not take possession and before possession I will not pay Maintenance Charges. Now the firm saying for registration of the flat. I asked for Draft Copy of SALE DEED. On scrutiny it shows many inappropriate clause not related to sale of flat has been incorporated in it. I objected by developer member of the firm objecting to change.
Most important is VENDOR and DEVELOPER issue, Maintainance Clause in SALE DEED described that one company will do the maintainance and buyers will pay but developer firm will deploy it. It cannot be removed without consent of 2/3 Rd total flat owners. Common area will have no common ownership. It will be with developer firm. Car parking ownership will not be with buyers though buyers paying charges @Rs 1500 per sq ft along with stamp duty and registration charges on car park cost. Moreover it has been written that due to non payment of maintainable charges the alloted car park space will be realloted to other person.
Many more points are there.
How to proceed and negotiate to rectify these issues in SALE DEED.
Asked 1 year ago in Property Law from KOLKATA, West Bengal
What are punishment options for the firm for not registering this Project under RERA and not following the FORMAT OF Sale Agreement under RERA and incorporating all the inappropriate narations in proposed sale deed.
Asked 1 year ago