issue a legal notice through an advocate and File a complaint against the builder in the consumer forum. Ask for compensation and performance of the contract.
Builder not transferring flats in name of landowner
Myself and the builder entered a JV to undertake a construction in Pune in 2007. The construction was completed in 2008 and i with the family shifted to this new home by end Dec 2008 and continue to occupy the same till date. However, the builder has not transfered the flat in my name yet and is avoiding me and not catering to my request to transfer the flats in my name. Also the building completion certificate is not yet given. How to deal with this situation? What options are available to me Thanks
Asked 3 years ago in Property Law
Religion: Hindu
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14 Answers
You can send him legal notice and also file a complaint to consumer court.
If the completion certificate hasn't been provided tgen you may approach RERA tribunal for redressal of your grievances.
Youmay also approach the consumer forum.
Please issue legal notice under MOFA and ask him to comply with the terms of agreement.
In case not then file suit against him for the compliance.
It is necessary to peruse your development agreement
kindly clarify whether you have entered into supplementary sharing agreement or not
You have give him a demand notice through your lawyer and if not complied file a case in the consumer court.
If you have gone for JV than your sharing ratio you must had mention in the JV agreement. Means the plot same % still belongs to yours and for that portion the flat is yours. Need to check your JV and Development agreement and current 7/12 extract copy.
Because need to check JV and Development agreement and who has complete title after completion of building.
File a specific performance suit against the builder for getting the required registration done
You had been slept over the issue for over 12 years
Well issue a legal notice demanding the same.
If the claim is not barred by limitation you may approach civil court for relief by filing a suit for specific relief.
- If you have entered into a JV i.e. and thereby you have given your land to the said builder , and after giving GPA , you assigned him right for the same, then legally he is not the owner of the building , and land , it remains with you , and without you consent the said builder cannot sell any flat of that apartment.
- Further , if you are only a purchaser of the flat , and entered into an agreement with him , then the said builder is bond to transfer the flat to you, and also bond to pay the compensation due to being delay .
- You can issue a legal notice to the said builder for getting the same , and if refused then file a complaint before the Consumer Court for getting direction in your favour and also to claim compensation as well.
1. 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.
1. You should engage an advocate and send a legal notice for specific performance to builder for registration of flat on your name.
2. If he still doesn't take any action then file suit under specific relief act against builder for registration of property on your name.
Dear Sir/Madam,
It is suggested that you serve a legal notice to the builder and then file the case.
Who is owner of land ? Since it is JV and If land owns by you than you are already an owner. No transfer required in your name.
CC and OC are must certificate. But you have delayed a lot. Send legal notice for OC,CC. If not provided file consumer complaint. Show this continuous wrong otherwise barred by limitation.
