File a complaint with the rera tribunal immediately.
As this was a fraudulent transaction wherein the real owner of the property had died and still the flat was sold to you and you paid the money, file a criminal complaint against the builder too.
Developer sold flat which was allocated to land owner and then the land owner dies
I executed an agreement with the developer to buy a flat and paid 10% consideration. Then I took this agreement to bank for loan application. The bank says that the flat you bought is allotted to land owner already and does not belong to developer/builder with whom i got into agreement. When I informed this to the builder then he says they will execute a change of document and will swap one of the developer's flat with the land owner's (that I planned to buy through this agreement with developer). After few days the builder says that the landowner, whom they had allotted the flat before our agreement, has died and now the change of documents will have to carried out with the legal heirs of the landowner which will take time. This delay has already caused us to default on the payment schedule and the builder says that they need money as per payment schedule or will charge interest. it is up to me to secure loan and any problem with bank is my headache. 1) Can I cancel the agreement now? what happens to the registration amount paid approx 3 lac to the govt? The agreement is 2 month old now. The registration amount was paid by builder on our behalf and we agreed to pay this amount before possession. Cancellation clause says 10% deduction. 2) Is it possible to get registration fee refunded on cancellation of the agreement? 2) Since the developer sold us flat which was not his but was already allotted to land owner can we go to RERA claiming refund with interest on the ground of cheating builder? 3) Can this existing sale agreement be modified now to present any other flat in the same apartment which belongs to the builder? Thanks
Asked 6 years ago in Property Law
Religion: Hindu
7 Answers
1. You can inform the builder that he has not allotted the proper property which he is entitled to sell, hence the bank has rejected to grant loan since the seller has no clear title to the property now proposed to buy, hence the builder is demanded to refund the booking amount with interest from the date of booking upon the buyer being pushed to cancel the booking .
2. The refund of the registration charges may not be done, you may enquire the same from the local registration office.You will however be able to get stamp duty refund if you apply within a period of six months from the date of registering your cancellation deed. (The agreement of sale shall have been cancelled within a period of 5 years from the date of its registration.) Maximum deduction is 1000 Rs, Minimum is 1%.
3. Yes, you can approach RERA if the builder is refusing to pay the interest on the booking amount.
4. Swapping or exchange of flats is possible.
You can file complaint against builder before RERA and seek refund of money paid by you with interest as he has sold flat belonging to land owner share
2) builder cannot levy 10 per cent cancellation charges
3)deed of rectification can be executed to rectify mistake in flat number
4) you can seek refund of stamp duty on cancellation of agreement
Don't go for cancellation of flat. Try to get other flat as its developer's fault in so many transaction had done in the past and its not known to you.
So it's now Developer duty to allot a another flat instead of pre allotted to land owner's flat.
And whatever responsibilities if stamp duty and registration is its his, for your registration of sale deed he can make Rectification deed, in this way both of you problem can be solved. Only here you have to check with sub-registrar of the revenue department whether he accept this, because their should be a strong reason and developer should have empty flats which he is going to allot you and you should accept it same. in the same build or same survey number.
Suggestion: Instead of fight check the solution and come out of this.
Better cancel the cancel the allotment and demand refund with interest. Now home buyers can cancel the booking any time before taking the possession subject to 10% deduction on total amount if builder is not at fault. Here builder has defaulted by offering LL share. And become the reason of delay in payment. If not refunded with interet, complain to RERA.
Builder is liable to bear registration charges.
2. NO
To include other flat, rectification deed will execute.
1. Yes you can cancel the agreement by sending a notice for cancellation of agreement to builder. Builder will be liable to refund the registration amount.
2. Yes you can get refund of registration fees but for this you have to file suit against builder in RERA or consumer forum.
3. Yes
4. Yes
1. You can cancel the agreement by sending cancellation of agreement notice.
2. You can claim refund along with compensation by filing complaint before consumer court .
3. rectification deed should be executed after mutual consent of all the parties to the main deed. All parties to the original deed should jointly execute the rectification deed as well.
