• Is NOC enough ?

Issue 1- 
I've cancelled booking of a flat in ulwe, builder is refusing to refund money right now. I paid 25 lac plus separate 2 lac stamp duty. Stamp duty is not done as well (I'm assuming this cause i never went to panvel for any flat related work.) Builder says business is down due to corona so he can't pay right now. If a new customer comes to buy the flat only then he'll refund me. But that could take years too. But i need money now. And even if he pays in future shouldn't he be paying me more than 27 lac (additing interest)

Issue 2-
My dad owns a flat in nashik. he passed away in feb 2020. Mom is nominee. Mom wants to give that flat to me. My elder brother is ok with it and ready to give NOC. but is NOC enough or he should give वारसहक्क सोड दाखला. I don't want him to change his mind in future and harasse me for money. Since his nature is not good. Because of his bad behavior only my dad passed away after brain attack.
Same issue with a car, loaned by dad (Thane registered). who's installments are being paid by me. Mom is nominee for car too.
Asked 18 days ago in Property Law
Religion: Buddhist

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11 Answers

Issue 1: You can make written complaint with the RERA office and Consumer Forum to refund your advance money and registration not done that amount too.

 

Issue 2: Get Relinquish Deed registered from your mother and brother fro the flat and get it registered same with sub registrar so the flat will totally on your name.

 

For Car: Get the NOC from Mother and transferred on your name the car as well.

Ganesh Kadam
Advocate, Pune
10682 Answers
94 Consultations

4.9 on 5.0

Builder is bound to refund your money after deducting cancellation charges within period of 45 days of cancellation as per RERA 

 

2) builder cannot impose condition that he would pay when he is able to sell the flat 

 

3) your mother and brother should execute registered gift deed for their one third share in flat 

4) mere NOC is not sufficient 

Ajay Sethi
Advocate, Mumbai
76982 Answers
4621 Consultations

5.0 on 5.0

Dear Sir,

Regarding your flat-cancellation issue with the builder, you are suggested to serve the legal notice to the builder to pay the money in some time line. Regarding the flat/car issues, you are suggested to have the relinquish deed from the brother and then have the paper on your name following the due transfer/release deed from the mother.  

Ganesh Singh
Advocate, NEW DELHI
5435 Answers
10 Consultations

4.5 on 5.0

You are entitle to refund with interest. If builder is not refunding, file FIR of cheating and criminal breach of trust.

What is the reason of cancellation as if you cancel the booking without builder fault, builder is entitle to deduct 10% and refund with in 45 days. Send legal notice to builder for full refund with interest.

Bother mother and brother have to execute register release deed in your favor to transfer their share to you.

Car will remain in your custody for payign installment.

Yogendra Singh Rajawat
Advocate, Jaipur
20145 Answers
28 Consultations

4.5 on 5.0

If there is no fault of the builder in terms of delivery of possession or other unfair trade practices, then after deducting the booking amount the builder must pay you the money back. Otherwise you can send them a legal notice, if not complied file a complaint case in the consumer court.

Swarupananda Neogi
Advocate, Kolkata
2251 Answers
4 Consultations

4.7 on 5.0

You can approach consumer court or rera for the same for refund ans compensation. 

Prashant Nayak
Advocate, Mumbai
20589 Answers
38 Consultations

4.4 on 5.0

NOC with Declaration cum affidavit executed before Notary or oath Commissioner for issue No 2.

Now issue no 1 seems quite tense. 

Please issue legal notice to the Builder for compliance of project failing which cancellation of agreement. 

Please put this facts on record in case Builder doesn't complete the project then neither you would be able to take the help of RERA nor Court of Law. 

Please issue legal notice for compliance and completion of property project within time frame or face legal action. 

Ramesh Pandey
Advocate, Mumbai
1303 Answers
5 Consultations

5.0 on 5.0

Issue 1

- There is no guidelines laid down by the government to forfeit the booking amount for the cancellation, and the deduction is done at the builder’s discretion.

- Hence, legally, the builder cannot deduct any money out of the advance payment you have made for the booking till the time; a builder-buyer agreement is made and registered with the sub-registrar.

- Further, A builder-buyer agreement is not created until the buyer pays at least 10 per cent of the property value.

- Further, as per Real Estate Regulation Act (RERA), home-buyers can cancel allotment of the apartment booked with a builder at any stage even if there is no default on the part of the developer. The builder is bound by law to return the money collected from buyers within 45 days, after deducting the booking amount.

- Hence, if you have already paid 10 percent of the flat value, and the said agreement signed by you , is not registered in the office of the Registrar , then you are liable to get full amount refund paid by you ,even there is a clause present in the agreement for not refunding  , and if the said agreement is registered , then builder has right to deduct booking amount from the paid amount. 

- If, builder not refunding the same ,then you should lodge your complaint before the Consumer court , and thereby prayed for the refund of paid amount with interest.

Issue 2
- Your brother should execute a registered Release/relinquishment deed in favour of your mother , and then your
mother can transfer the same to you by way of Gift deed.
- For Car , NOC is enough

Mohammed Shahzad
Advocate, Delhi
4180 Answers
43 Consultations

5.0 on 5.0

If terms for cancellation are missing then 100 per cent refund can be claimed from the builder. In case a builder refuses to repay the booking amount even with a clause present in the agreement, the buyer may file a case with the consumer forum asking for a refund with interest. 

your mother and brother should execute registered Gift deed or Relinqushment deed. it should be duly stamped and registered. 

Mohammed Mujeeb
Advocate, Hyderabad
17333 Answers
11 Consultations

4.5 on 5.0

1. You can initiate legal actions against builder for recovery of money paid to him for purchase of flat.

2. You can ask him to give an affidavit for reliquising his claims from the flat of your father and he will also not claim any right in that flat in future. 

Mohit Kapoor
Advocate, Rohtak
9322 Answers
3 Consultations

5.0 on 5.0

1. You issue a legal demand notice demanding the refund of the booking amount as well as the amount collected towards the stamp duty, failing to comply, you may drag him to RERA or consumer forum or civil court for recovery.

2. The NOC by other legal heirs is not sufficient  to acquire the entire proeprty left behind by your deceased father who is reported to have did intestate.

First you obtain legal heirship certificate from the Tehsildar's office, then get your mother and other siblings execute a registered release deed relinquishing their rights in the property in your favor and also for the car that is  lying on your father's name now.

 

T Kalaiselvan
Advocate, Vellore
66984 Answers
884 Consultations

5.0 on 5.0

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