You can apply for and obtain stay of allotment if builder is refusing to execute registered agreement in favour of slum dwellers on redevelopment
2) registration is necessary to confer clear and marketable title to property
Stamp Duty on SRA / Procedure for Stay order
Dear Sir/Madam, Request you to guide us, our lawyer not giving appropriate response. Our plot in on prime location and it is an SRA. Out of. The builder had made an agreement in the year 1995, after that till date there is no agreement made, Out of the clustoer of 4 societies he constructued building for few people and randomly gave people the flats, the other society people refused to go, this resulted in luring our 118 people out of which 78 have gone and 40 are still there in their house. The Builder is now agreed to give 269 area of flat, but says will not get the stamp duty registered with SRA, He is luring people to take rent in advance from him and leave the plot. We insist to take rent from SRA only . 1) We request you to let us know. Can the remaining 40 people take stay order on the grounds that we require proper agreement/ duly registration with SRA and Registered document. 2) What is the legality, if the builder says i will get the documents from SRA but not register it in stamp duty department. 3) If we have to register the document in stamp duty what will be the cost for us.
Asked 4 years ago in Property Law
Religion: Hindu
15 Answers
Yes, builder is liable to deliver as per agreement. Without registration,no valid transfer of ownership. File FIR if builder refuse.
Sale deed will register, 6 % stamp duty.
The terms of development must be agreed by the society before the residents should move out of society and let the builder to go ahead for development.
The matter of registration cost should also be made a part of deal in this regard and if a set of people are not agree to the terms they may file a writ in HC to get stay.
Please note that if the decision has been taken by the members in AGM and authorised RWA to go ahead and enter into redevelopment agreement then it will be difficult to get stay as the agreement is valid and enforceable.
1.Yes, the remaining people can get stay order , if the builder refused to comply the agreement , and proper registration .
2. Registration is necessary to get a clear and absolute title in the property.
- As per SRA rules, The beneficiaries cannot sell their Property for 10 years. This lock-in period is applicable to the builder as well.
3. Stamp duty for registration is as follows:
Female 6.00% Male 6.00% Male & Female As Joint Owners 6.00%
And the percentage of the stamp duty depends on two crucial factors:
- A property’s registered price.
- A property’s ready reckoner rate.
The rate whichever is higher among the above two is taken into account for the stamp duty.
You can go for stay order and ask from builder a correct fsi sq ft for each owner and SRA can be registered. Plus for additional sq ft it will come approximately 7% cost to you a value as per ready recknor market valuation of the property.
1. The other people can jointly fight out the case by filing a writ or PIL before high court seeking relief and justice as proposed in your pleadings of the petition
2. The builder may be arrogant on this subject, you can issue a legal notice if you aggrieved by this act of the builder.
3. The stamp duty and the registration charges can be inquired from local sub registrar's office since it is a state subject varying from one state to another.
Yes it's better you move to the high court under writ petition and take appropriate directions.
Dear Sir, Thank you for your prompt reply. The situation is such in 1997 the builder and 4 separate societies made an aggrement with the builder. Our society which had 118 members did not hear anything after the agreement. In the meanwhile the builder constructed a builder when other 3 society refused to go as this building took nearly 10 years to build, then the builder started using pressure tactis and offered some people extra money to go to the building constructed which had all issues. Feeling that people will not get their houses, 78 people from out building went and took posssesion. Then in this year, along with local politician and SRA authority, it was decided to have 269 carpet area as per new rules which builder has agreed. But till not no agreement has been done for the new area. He is sending evacuation notice without the agreement. He is luring people to take advance rent and leave the place. Want to know the cost of taking stay order: We request you to let us know, out of the 118 people, 40 are remaining , no agreement has been done, the builder says he will make. But suddenly if he comes and demolishes then we will not get stay order at that time. So what is the cost of taking stay order for the 40 people, do all 40 people need to take stay order or even 5 to 6 people can take. People are saying the cost is very high to take stay order hence these people dont want to pay and want to take the rent and go without agreement. does it take time to take the stay order. Pls give someone contact number to take the stay order. Place is mumbai. Pls assist thanks
Asked 4 years ago
1) builder cannot force you to vacate premises without agreement
2) you can issue legal notice to builder to enter into registered agreement
3) it is advisable that 40 flat owners obtain stay orders from court
4) you should get stay order in 15 days or so
Dear Sir, Kindly let us know the cost of taking stay order, as these 40 guys wont come if there is a huge cost, then it will be on the remaining 5 to 6 people to take stay order. Thank you for your prompt reply. The situation is such in 1997 the builder and 4 separate societies made an aggrement with the builder. Our society which had 118 members did not hear anything after the agreement. In the meanwhile the builder constructed a builder when other 3 society refused to go as this building took nearly 10 years to build, then the builder started using pressure tactis and offered some people extra money to go to the building constructed which had all issues. Feeling that people will not get their houses, 78 people from out building went and took posssesion. Then in this year, along with local politician and SRA authority, it was decided to have 269 carpet area as per new rules which builder has agreed. But till not no agreement has been done for the new area. He is sending evacuation notice without the agreement. He is luring people to take advance rent and leave the place. Want to know the cost of taking stay order: We request you to let us know, out of the 118 people, 40 are remaining , no agreement has been done, the builder says he will make. But suddenly if he comes and demolishes then we will not get stay order at that time. So what is the cost of taking stay order for the 40 people, do all 40 people need to take stay order or even 5 to 6 people can take. People are saying the cost is very high to take stay order hence these people dont want to pay and want to take the rent and go without agreement. does it take time to take the stay order. Pls give someone contact number to take the stay order. Place is mumbai.
Asked 4 years ago
legal fees vary depending upon lawyer engaged by you
2) all 40 should obtain stay order
3) you should not vacate premises without agreement
Cost will not of court fees but advocate fees, which can be decide by discussion with advocate.
The advocate fee for obtaining stay order will be informed by the advocate so chosen.
The fee for obtaining stay order is not very exorbitant, however if those people believe in myths about it, then ignore it but you may approach court for the desired relief.
You can look for an advocate hailing from Mumbai from this forum too.
The court fee and the advocate's fee shall be intimated by the advocate you may engage for this purpose.
The time taken for disposal of this would be hardly one month.
Yes you can file a suit for temporary injunction against builder.
For registration you have to approach sub registrar.
Registration charges and stamp duty varies from state to state for that you have to approach sub registrar to get the exact value of stamp duty and registration.
Even a single person can file suit for stay in court.
It depends on lawyer to lawyer and detailed case study. You can contact personally for the same
Sir,
It is the builders duty to get the documents registered from the concerned authority.
You will be required to file for a Suit for injunction before the Civil Court for restraining the builder from taking any coercive steps for the premises. Yes the 40 residents can move the court for obtaining stay order.
You will have to get a statement recorded from the builder that he will register the documents and also pay requisite stamp duty charges etc., with the government department and only then you shall withdraw the civil suit for injunction against the builder.
