• 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
Religion: Hindu

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13 Answers

See you should directly talk to the land owner and developer  with whom you have booked the flat seeking either they rectify and amend these clauses or further seek.camcellation from them.along with interest on paid amount and compensation.

Issues like they cannot sell open parking , second every flat owner shall have undivided share as agreed and maintenance can be asked only once OC is there.

Give a legal notice for this unfair agreement if they fail to hear you out.

Shubham Jhajharia
Advocate, Ahmedabad
25487 Answers
111 Consultations

5.0 on 5.0

The builder/promoter will be liable to a penalty of 10 percent of the estimated cost of the project, if they fail to register as per the Act. A continued violation can attract an imprisonment of up to three years or both. Complaint before the RERA authority for this non registration and seek redressal. There are other liabilities and punishment too.for non registration.

Shubham Jhajharia
Advocate, Ahmedabad
25487 Answers
111 Consultations

5.0 on 5.0

1) registration with RERA is mandatory requirement 

 

2) sale deed ought to be in format provided by RETA 

 

3) builder cannot deliver possession of flat until OC is issued 

 

4)no maintenance charges can be levied till OC is issued and possession delivered 

 

5) if builder refuses to make changes in draft sale deed complain to RERA about non registration of project 

Ajay Sethi
Advocate, Mumbai
78796 Answers
4735 Consultations

5.0 on 5.0

If a promoter commits a breach of conduct by not registering, he/she will be levied a penalty which may be as high as 10% of the estimated cost of the real-estate project. The exact fee will be as decided by the concerned Authority. Further, if the promoter fails to comply with this rule and continues to be unregistered, he/she will have to face imprisonment for up to three years, and/or remit a fine which could be as high as 20% of the estimated cost of the real estate project.

 

Ajay Sethi
Advocate, Mumbai
78796 Answers
4735 Consultations

5.0 on 5.0

builder is not eligible to claim maintenance before the completion of the total facilities. First he is required to complete everything then he can ask for the maintenance charges. 

If any real estate agent fails to register with the authority, he shall be liable to a penalty of ten thousand rupees for every day during which such default continues, which may cumulatively extend up to five per cent of the cost of plot, apartment or buildings of the real estate project, for which the sale or purchase has been facilitated.

Mohammed Mujeeb
Advocate, Hyderabad
18622 Answers
11 Consultations

4.5 on 5.0

1. In west Bengal HIRA applies and RERA has not been made mandatory.

2. If the project is outcome of Joint Development Agreement with the land owner then only the land owner alone will be added as Vendor. If the land owner has already sold the land to the developer , then developer alone would be its vendor.

3. Without scrutinizing the deed of sale, the corrections to be made therein can not be advised.

Devajyoti Barman
Advocate, Kolkata
21527 Answers
311 Consultations

5.0 on 5.0

Hi,

You can reach the RERA Authority, wherein you can submit your grievances. Once the RERA authority issues notice to the Builder, he needs to submit his reply for non registering the Project and not complying with the RERA Rules. There is a huge penalty around 5% to 10% of the estimated cost of the Project.

Archana Shukla
Advocate, Bangalore
26 Answers
1 Consultation

5.0 on 5.0

1. West Bengal Government has not allowed RER Act to be impolemented in West Bengal for which the projects in W.B. are not RERA compliant.

 

2. The partnership deed is rquired to be seen for commenting on the matter of investing the land of one partner as his investment toewards share of the firm.

 

3. No registration or possession of a flat can be forced without obtaining the OC since the CC/OC shall certify that the flats have been constructed as per the sanction.

 

4. Common area will be used and owned by the flayt oeners jointly.

 

5. The firm which will maintain the premises will be decided by the flat opwners.

 

6. You can file a complaint case before the State Consumer Disopute Redressal Commission (if the claim is for an amount higher than Rs.20 lakhs) praying for a direction upon the said vendor to obtain OC and then hand over possession and register the flat. and pay rent to you at the rate applicable to the type of the flat they  have agreed to sell.

Krishna Kishore Ganguly
Advocate, Kolkata
24611 Answers
701 Consultations

5.0 on 5.0

1.RERA is not applicable in West Bengal as explained in my earklier post.

 

2. You shall have to file the complant case before the State Consumer Dispute Redressal Commission as suggested in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
24611 Answers
701 Consultations

5.0 on 5.0

You have to do the registration of the property and go for position first before going for any complaint in rera.

The rera is applicable from 2016 to all the projects which are more than 500 m of area and the project exceeding this area must be registered with rera in that case as soon as you get registration you can move your complaint to the rera and also please note that the Occupancy certificate is normally is used only when the project is fully complete but the registration and position takes place in between even after the completion of the project if Occupancy certificate is not received by the Builder then you can again go to the rera are you can complaint in consumer Commission whichever you think good for your case dissension plants and other things are always issued in the name of the landlord not in the name of developer on the basis of the development agreement please rate this answer if you like it

Vimlesh Prasad Mishra
Advocate, Lucknow
6774 Answers
23 Consultations

4.9 on 5.0

A promoter is required to register a real-estate project before advertising and promoting the project. If a promoter commits a breach of conduct by not registering, he/she will be levied a penalty which may be as high as 10% of the estimated cost of the real-estate project. The exact fee will be as decided by the concerned Authority. Further, if the promoter fails to comply with this rule and continues to be unregistered, he/she will have to face imprisonment for up to three years, and/or remit a fine which could be as high as 20% of the estimated cost of the real estate project.

Prashant Nayak
Advocate, Mumbai
22044 Answers
49 Consultations

4.4 on 5.0

You strongly object to the contradictory clauses mentioned in draft sale deed.

The objections may be in writing and an evidence be created.

If the builder is not responding properly then you may plan to approach RERA for cancellation and refuund of booking amount.

T Kalaiselvan
Advocate, Vellore
68815 Answers
927 Consultations

5.0 on 5.0

No punishment for this

The firm may be blacklisted.

They may not be able to construct any more due to this debacle.

T Kalaiselvan
Advocate, Vellore
68815 Answers
927 Consultations

5.0 on 5.0

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