Limitation of 4 months for registration of conveyance deed is for those cases where full payment is made and possession delivered.
Ten years to complete construction is another thing.
To., ajay Sethi. Rule 9 says, if no period for conveyance is agreed upon than only, rule of four months apply. But in our case period for conveyance is agreed between builder & flat takers I. e. Ten years from completion of entire poject. How it can be contrary to law?
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In our layout society for 7 wings is formed in 2012.o.c.for 8 &9 wings received, in 7/18, but society is not formed. Now builder wants to constuct tenth wing through additional fsi generated by dp 2034.
Limitation of 4 months for registration of conveyance deed is for those cases where full payment is made and possession delivered.
Ten years to complete construction is another thing.
According to rule 9 of MOF Rule, it ismandatory to take necessary steps to execute the conveyance within a period of four months of registrationof the society
2) builder cannot by agreement insist that he will execute conveyance after period of 10 years
Complain against builder before consumer forum and seek orders to direct builder to form society of wings constructed by him
In a remarkable judgment, the Supreme Court has recently held that one-sided clauses in the Apartment Buyer’s Agreement constitutes unfair trade practice and such terms cannot bind the flat-purchaser.
Case name: Pioneer Urban Land & Infrastructure Ltd. v. Govindan Raghavan
The present appeal challenged National Consumer Dispute Redressal Commission’s (National Commission) order, whereby the National Commission directed the Appellant builder to refund the stipulated amount deposited by the Respondent homebuyer along with interest towards compensation.
Therefore you can fight out the case on the basis of the above judgment
The owner members of the already constructed and occupying the flats can form a society and issue a letter to the builder to handover the same to society at least to the extent of the completed wings of the complex.
10 years of completion of entire project appears to be contrary to law
the period for conveying cannot be so long
it is literally unconsciencenable
there are umpteen number of judgments in which it is held that once the building is complete, OC is received and possession taken by flat buyers, then builder has to convey the land and building to the society of flat buyers
he cannot just sit over the land in the hope of extracting future FSI and making construction on the land using that FSI