• Purchased flat from landowner

I had entered into aggrement with landowner to purchase his share of flat in Sep2017, and have also done notary aggrement with all required clause's to safe guard our interest and had paid 50% amount at that time and the remaining 50% was agreed to be paid only after registration also the flat which we have booked has got an additional terrace which was charged to us by 1/3 rate as agreed by land owner and we additionally paid it apart from the 50%. Just before the aggrement he called us and started demanding additional amount for the additional loading which builder has applied on his share of flats and recently Apart from this he is now demand full payment with current rate for the additional terrace because builder has included the area of additional terrace in his share but this additional area is not included in layout which is approved by Rera. I guess the difference amount what he will be charging will be quite a lot and I want to know way out if necessary as me and my family has suffered lot of mental torture by him since the flat was booked.
Asked 4 months ago in Property Law
Religion: Hindu

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19 Answers

You are not bound to pay additional amount 

 

2) if seller refuses to execute registered sale deed in your favour file complaint against seller before RERA and seek orders to direct builder to execute registered sale deed in your favour 

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

Serve him with a legal notice and than file a specific performance suit against him for doing the registrations 

Rahul Jatain
Advocate, Rohtak
5364 Answers
4 Consultations

4.8 on 5.0

An agreement to sell has been done with him. A suit for specific performance of contract must be filed in case he does not honour the agreement and is demanding unreasonable amount of money.

Otherwise you may demand return of the money with interest and cancel the deal.

Rahul Mishra
Advocate, Lucknow
11560 Answers
20 Consultations

5.0 on 5.0

1. Payment of 50% of the amount at the time of agreement is to the higher side.

 

2. However, file a complaint case before the local RERA Tribunal against the said landowner alleging deficiency in service and unfair business practice claiming immediate handing over of possession and registration of the said flat without charging any additional amount and praying for an order to pay you the amount as rent equivalent to the rent of similar type of flat as that of yours prevailing in similar locality if the landowner fails to comply with the tribunal's order with in next 30 days.

Krishna Kishore Ganguly
Advocate, Kolkata
24708 Answers
701 Consultations

5.0 on 5.0

If you want to cancel you can go for it and demand refund and compensation through suit

Prashant Nayak
Advocate, Mumbai
22417 Answers
49 Consultations

4.4 on 5.0

1. Apprehensively the Builder is attempting to swindle you on false pretext's.

2. You have an positive option to file a grievance petition against the Builder /Developer, in the local Consumer Court, for their illegal trade practice, negligence, deficiency, harassment, intimidation, cheating etc.... with proper documentary evidences and you can claim damages /compensation & interest on your investment, and for your physical & mental trauma.

Hemant Agarwal
Advocate, Mumbai
5441 Answers
25 Consultations

5.0 on 5.0

You can ask the seller to give his demand for additional floor and the amount in writing besides the sale agreement already entered between both, in writing.

Once he is giving the demand for additional amount in writing, which has not been included in the sale agreement, you can issue a legal notice communicating your decision to cancel the sale agreement since he has committed breach of agreement  and demand the return of your booking amount with interest from the date of booking.

If he refuses to give the additional demand in writing, and insists the same on oral or verbal demands alone, then you also can refuse the same orally, if he is not listening then ask him to produce the approved plan showing the additional terrace and also a mention bout the same in the agreement of sale.

By this you can threaten him to quit the deal and make him liable to return the amount with market rate of interest failing which he would be liable to face legal consequences by both civil and criminal laws.  

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

1. The demands of the landowner are illegal and arbitrary.

2. Serve a lawyer's notice to him to deliver the possession in accordance with the agreement executed between both of you and not demand any further charges.

3. If he does not deliver the possession within the specified time then you may sue him before RERA.

Ashish Davessar
Advocate, Jaipur
29956 Answers
864 Consultations

5.0 on 5.0

Talk to him and try to sort out the issue amicably, if he refuses, issue notice offering to take balance sale consideration and demand for registration of the flat.

You need not pay additional amount as demanded by owner, as it is not agreed upon at the time of agreement.

Even if owner refused, you can lodge complaint with RERA and seek direction for getting the flat to register in your name after taking balance sale consideration as agreed upon.

 

S Srinivasa Prasad
Advocate, Hyderabad
2862 Answers
9 Consultations

5.0 on 5.0

Only that much amount is payable which was agreed in the agreement. And only if all flats are owned by land owner than only particular terrace rights can be sell otherwise terrace comes under common area and no exclusive right.

What was decided, when full payment was to be made ? If landowner is demanding more amount than can file FIR of cheating and can claim refund with interest.

Yogendra Singh Rajawat
Advocate, Jaipur
21402 Answers
31 Consultations

4.4 on 5.0

First of all, send a legal notice to the seller via a lawyer demanding the amount taken from you by him plus added reasonable expenses. You can also also seek to compel the seller to complete the deal under specific performance. If the seller doesn't refund the money, file a suit for specific performance in the concerned civil court. 

Mohammed Mujeeb
Advocate, Hyderabad
18935 Answers
11 Consultations

4.5 on 5.0

Dear Sir,

The present act of the seller for asking the market rate and higher amount is never justified and also the deviation of layout after  approval by RERA is never justified. So, you are suggested to insist the seller to follow the agreement and your may serve legal notice for it. After non compliance by the seller, you may file the suit of specific performance. 

Ganesh Singh
Advocate, New Delhi
6512 Answers
13 Consultations

4.5 on 5.0

You can straight away refuse to pay extra amount demanded by landowner and tell him that you are going to pay the amount mentioned in the agreement and if he demand extra money then you can cancel the flat and ask him to refund the money along with interest.

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

As far as tax queries are concerned consult a local CA in this regard 

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

You don't have to pay any tax it's his liability to pay tax for his income 

Prashant Nayak
Advocate, Mumbai
22417 Answers
49 Consultations

4.4 on 5.0

The land owner is the seller hence he is the person who drew income out of this sale, therefore any liability to pay the income tax shall fall on him and not on you.

You can ask him the justification about he demanding you to pay the income tax for the income earned by him and refuse to pay the same, he can take legal action which can be challenged because he cannot take any legal action on this unjustified and non maintainable demand.

 

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

1. Income Tax department will charge you the i.Tax for the benefit you have got by paying 1/3rd of the actual cost of the terrace considering it as your income.

 

2. The landowner of developer has got nothing to do with your liability to pay Income Tax which will be dealt with by the Income tax department.

Krishna Kishore Ganguly
Advocate, Kolkata
24708 Answers
701 Consultations

5.0 on 5.0

- You should send a legal notice to the said seller for executing the sale deed in your behalf. 

- If , refused then file a case before the court . 

Mohammed Shahzad
Advocate, Delhi
5531 Answers
51 Consultations

5.0 on 5.0

you are not liable to pay Income tax, it is the duty of seller (landowner). 

Mohammed Mujeeb
Advocate, Hyderabad
18935 Answers
11 Consultations

4.5 on 5.0

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