I bought a plot in a township where the fascilities were managed by builder. in the entire township only 1 plot is recently build house that too recently in Past decade. When I bought plot. only agreement to sale was done. Sale deed and 7/12 ( saat bara ) of my plot was not done on my name. After 10 yrs now when i want to sale my plot, I came to know that sale deed and 7/12 is not in my place. When i approached builder, they said i need to clear maintainance only after that they can give me NOC and make sale deed. my question. 1. When they got full plot money and was supposed to get sale deed in my name 10 yrs before, how can that liability be affected by maintainance non payment? 2. in the absent of sale deed, ( i don't remember any formal possession letter issued to me ) and no one staying in the entire township, leagally am i relly supposed to pay the maintaniance? it is only a land. builder only has 6000 sq.foot club house which is occupied by them itself . and a sweeming pool with nobody in there to swim into. 3. my agreement to sale says Rs. 5 per sqft rate per year. they are also adding 12k annual additionally and all this amount is taxed and asked the interest on which becomes HUGE. how can they take 12k annual for this from me? 4.At the least, isn't my maintaiance should start only after sale deed ?
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You should have executed sale deed. Through agreement to sell, ownership dose not transfer. Better obtain POA from builder instead of insisting to execute sale deed. Than on the basis of sale deed, you can sell the plot.
You are not liable to pay MC. Builder is taking advantage of your situation. Neither MC payable on such vacate place as no facilities are provided by builder.
MC is any payable than that will be after sale deed and delivery of possession and OC issued.
Sale deed is necessary to confer clear and marketable title to property
2) builder has to deliver possession of plot to you then can charge you maintenance
3) builder ought to have sent you maintenance bill then only can claim maintenance with interest
Your maintenance would start after taking possession of property and CC obtain by the Builder.
Please challenge the maintenance raised by Builder through a legal notice.
Please deny the contents and challenge it before the court of law.
1. It was your mistake not to get the sale deed registered in your name. Now once you got possession of the plot then you are liable for maintenance charge in the area . Since the time is long negotiate with the developer to fix a mutually agreeable amount. In case of deadlock your option is to file case before the consumer forum.
2. If you have physical possession of the property then liability to pay maintenance charge doezs not depend on whether you reside there or not.
3.File case before the consumer forum and let the fora to adjudicate this dispute.
1. Does it mean technically builder should first transfer my ownership through Sale ded and only then can speak about Maintainance ? 2. My intention is to complete the sale deed without or low or No maintainance if I am not eligible to pay. So with that said, If I get POA done, (assuming it is legal ownership transfer) will they be getting legal right to raise historic maintainance charges also ? or only from the date of Sale deed date the charges would start?
Sale deed is necessary to confer clear and marketable title to property
2) builder should deliver possession then only charge maintenance
3) POA does not confer title to property
4) you can dispute your liability to pay maintenance for 10 years as no bills were raised
5) file complaint against builder before consumer forum and seek orders to direct builder to execute registered sale deed in your favour
1. liability to pay maintenance begins from the date you were handed possession of the plot
2. the maintenance amount will be governed by the agreement to sell
3. the builder however cannot refuse to register sale deed with you just because you have not paid the maintenance
4. registering the sale deed is one of the obligations of the builder which he is liable to perform. If he does not, then you can sue him for specific performance
5. if the builder wants to recover maintenance from you, nothing stops him from taking appropriate legal action against you, which till today he has not
6. his demand of paying maintenance first and only then he will register the sale deed, is therefore clearly illegal
7. the builder ought to have taken proper steps against you for not paying maintenance
8. he cannot now mix the issue of pending maintenance and pending sale deed and hold you to ransom
1. Yes, first he should give you a registered sale deed. Than he can claim maintenance.
2. Charges should start from the date of sale deed
Not in this case because builder is not providing any facilities.
For this you have to file case in court for directions to builder to execute sale deed and do not charge MC.
- Legally the agreement to sell is not a title deed like Sale deed , and on the ground of this agreement and without NOC , you cannot sell the property to anyone.
- Further, as per RERA, the buyer needs not to pay maintenance charges, till he possesses the property.
- Further, the builder is not eligible to claim maintenance charge before the completion of the total facilities, and only after completing everything, the builder can ask for maintenance from the buyer.
- Hence, if your builder has given you the letter of possession, then from that date onward you are bound to pay the maintenance charge.
1. If the sale deed could not be done due to fault of builder , then you can lodge a complaint against the builder before the Consumer court for getting compensation and order of execution of deed.
2. If the said facilities are not availed by you in the absence of a constructed house , then you are not bound to pay maintenance , and builder can ask for maintenance from the buyer only when all the facilities are provided to the buyer.
3. You can lodge complaint against the builder for imposing huge charge.
4. Yes, till the execution of sale deed legally the said plot not transfer to you , hence you are not bound to pay the maintenance.
1. No. Once you make the full payment and you are delivered of the physical possession you are bound to pay maintenance cahrges.
2. Now only of you could prove that in spite of your repeated requests the developer did not execute sale deed and register it then only you can avoid paying maintenance charge.
1. IF the "Agreement to Sale" states about Builder's right to receive Rs. 5 per sqft rate per year (with interest for default), THEN since you have signed such agreement and did not dispute since last 10 years, the builder is entitled to recover the same but not any other charges that are not mentioned in the agreement.
2. However, due to the period of Limitation Act, which is 3 years, and since such outstanding dues are classified with Civil Laws, builder cannot recover any money which is due for over three years.
3. 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.
Please ask maintenance bill from the Builder showing break up of heads of maintenance charged to you.
Please produce it then I would definitely recommend solution for your grievances against injustice being caused to you by Builder.
1. Maintenance is after sale deed and OC. Once you get possession after OC you are entitled to pay maintenance. Otherwise if you yourself take possession before OC then you need to pay it.
2. Even after POA you need to make an arrangement with builder for payment of maintenance after OC
To proper legally ownership transfer of property will be done after sale deed.
So you can negotiate for maintenance amount and get first the land transferred on your name and then in future you can ask for any society formation or maintenance in what sense, whether all these maintenance clause are mention in the Agreement to sale.
Kindly check all terms and conditions from Agreement to sale.
Do you have a registered sale deed on your name or not?
You say that you have purchased the proeprty around 10 years ago, did you not ask about the registered sale deed on your name from the builder so far?
The revenue records i.e., the 7/12 is not the title document.
If there is no sale deed registered on your name, you first issue a legal notice to the builder to execute a registered sale deed in your name as he had already taken the full sale consideration amount.
Let him give a reply demanding the maintenance amount for the said facilities he has provided, you can drag him to consumer court for deficiency in service and also to civil court with a suit for specific performance of contract for getting a registered sale deed in your name
1. You are right.
2. You talk to the builder.
Your negligence at the time of buying the proeprty for not getting the registered sale deed in your name makes you to pay heavily now.
The POA is not a title deed.
You have to get a registered sale deed in your name if you want to have clear and marketable title to the property on your name.
Don't think of any short cut method to avoid the maintenance, you will land up in more trouble and also may have to pay more than what is notified to you now.
1. Unless the possession is delivered there is no question of liability to pay maintenance. Refuse to accede to any demand to pay maintenance before delivery of possession.
2. Maintenance is to begin only from the date of delivery of possession.
Actually this property related documentation and process is al new to me .atleast now i have started to understand but 10 yrs ago I knew nothing.. just followed the bank person said and builder person said. 1. So basically, I need defination of the possession is needs to be interpreted rightly here. When is the possession of the plot /flat is considered leagly complete.? Does that need any mandatory documentation or it is verbal like they say "you can come and staty." because that is wht builder will say now in defence. I was not given any possesion letter officially. are there any exceptions to it ? 2. Also the defination of Ownership in legal terms also I needs to clearly understand. When can in legal terms the ownership be said complete ? specially in such situation where there is dispute over MC. are there any exceptions to it ? do i fall in those exceptions if any ? 3. now it is confirm that they cant demand me MC without handing over me my plot through Saledeed and 7/12 please confirm if this 3rd point assumption of me is correct ? 4. in regards to my non eligibility to pay MC, in the absence of Sale deed, and other plus points, What law name number /section etc I can mention while discussing with builder ? unfortunately i wanted to upload terms and condition i have on agreement to sale copy but there is no fascility to attach picture /file here.
Builder has to send email / letter offering you possession of plot
2) your assumption is correct
3) inform the builder that no bills were raised . Hence no maintenance can be demanded
4) you can opt for feature review of legal documents
5) contact any lawyer on website pay for feature review of legal documents
1. The builder should have executed a registered sale deed in your favor and then provided you with a possession letter before you were advised to occupy the vacant property.
You insist the builder about it even now.
2. If you claim ownership of the property you should be in possession of registered sale deed executed by the builder in your favor.
This registered sale deed shall be the documentary evidence to prove your clear and marketable title to the property now you have occupied and in possession.
There's no exemption to it.
3. You are again reminded that the 7/12 records are not title document.
The registered sale deed is the only document to prove that you are the legal legal owner of the property you have purchased.
4. You do not have to mention the law name or section.
You have to insist on the registered sale deed in favor of you by the builder after which you can pay the maintenance amount.
1. Yes oc is mandatory for legal possession
2. Registered Sale deed is ownership
3. Yes
4. You can directly mention it in said case on basis of your allotment letter if any
1. when you pay money to the builder, he has to register an agreement for sale with you
2. when the construction is complete, the builder hands over possession
3. the above is in relation to purchase of flat/apartment
4. in case of a plot, the builder has to execute the sale deed [which is the final document by which the ownership of the plot is transferred and conveyed to the purchaser]
5. in your case the sale deed is not registered
6. it cannot be discerned whether the builder sent you any intimation letter informing you to take possession of the plot
7. however the possession of the plot appears to be with you
8. once the possession is given to you, then you become liable for paying the maintenance charges from the date of handover of possession
9. you should have taken steps to make the builder register a sale deed with you
10. without a proper registered sale deed, your ownership title is incomplete and defective
11. ownership is complete when possession is given and there is a registered sale deed in the name of the purchaser
12. here you only have possession and no registered document
13. thus your possession is complete but your ownership is not
1- Possession referred to a written letter from builder to take the possession of flat from day month and a year is considered in law to have taken possession of the flat..
2- The ownership of plot or land refers to purchase and sale process which have been completed by payments of the same and conveyance deed registered with the competent authorities under the law completes the law of ownership of land,plot and flat
3- It is correct.
4- It is Maharashtra ownership flats Act apply to your case.
So this is how I am going to approach. they sent me an email of yearwise charges and taxes etc. but that came to me through the fascility management company not from the developer i bought the flat from. I will also reply first in email before opening up phone discussion. I am in different state not in pune. 1. I am going to demand the Poseesion letter to them. (can they send back dated posession leeter in current dates ? and will that be considered valid. I mean just a posession letter on a letter head just because I asked them. Without the sale deed in place. ?) 2. If they send the letter today obviously i can challenge based on that for the start date of the MC. 3. If they demand MC even for that then I will tell them of the following. a. My ownership transfer is not complete due to absence of saledeed so MC not applicable. b. agreement to sale does not speak about the start date of the MC or possession. c. agreement to sale also does not speak about any interest part. d. no valid bill was every raised on monthly basis not it was ever informed by builder of the same before I approach them. g. In any case, due to limitation act, the charges cannot be recovered for more than last 3 years. h. If they still remain admant with no reply or purposely makes me suffer, then I can send a legal notice, Please share your thoughts. the most crucial question is. if this turns out to be taking legal dispute and I need to seek orders to direct builder to execute registered sale deed in your favour then HOW MUCH TIME it generally takes for the hearing and the case result. It is Pune Juridiction I assume since plot is in pune. I forgot to tell that plot is NA layout but not part of the municipal corporation hope that will not affect any legal angle in this.
1) they can send you possession letter of current date
2) before giving possession sale deed has to be executed in your favour
3) your strategy is correct .
4) disposal of case would depend upon pendency of cases in consumer forum in Pune
You need a lawyer who could review all your documents and advice you more accurately as per the provisions of law without any ambiguity.
Not possible to comment without first seeing the agreement for sale
1. If they send you the back dated letter , you don't accept it, ask them to send it in current date.
You also insist on the registered sale deed in favor you
2. You may follow the above suggestions.
H. Yes, you can resort to legal action.
A case in a court of law can take years to get disposed.
You have no choice than to challenge the case properly.
The case would be filed in Pune.
The property whether coming under Municipality limits or not, once a dispute arises you may have to properly contest it.
Case takes time but no other option. Avoid all there demand and file case to register sale deed if builder not agree.
The suit for seeking order for registered Sale deed may take sone time now due to covid.
No the NA thing will not affect your legal steps
It would take something around 1 year in normal court operations
File a consumer complaint.
1. You should have follow up the sales deed and khata transfer at time of purchase when you made complete payment of plot.
2. Now builder will demand maintenance charges if they are due towards you.
3. You can file suit for specific performance against developer and demand registration of sales deed in your favour.
4. If builder demand payment of maintenance then you can demand that first he should execute sales deed and NOC for sale can be issued after clearing of maintenance dues.
