• Builder asking for conveyance

We have bought a flat in a redevelopment building.

1) Builder is asking for big land transfer charges from the new buyers, my question here is :
a) Even if it mentioned about buyer paying conveyance in the agreement is it legal for him to charge us this.
b) He is only planning to charge the new buyers and not the existing ones,  I believe it should be divided equally and the builder should pay for the existing flat owners, kindly clarify.
c) He says without paying these land transfer charges, OC is not being given by the corporation, is this true.

How can we get the possession of the flat in the best possible way, how can we tackle this builder.
Asked 3 years ago in Property Law from Mumbai, Maharashtra
Conveyance/transfer charges are to be paid by the person in whose favour the flat/property is being transferred for the actual area of the property. It applies to all buyers whether old or new.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1) terms of your agreement are sacrosant . please read terms of your agreement . if under said agreement you are liable to pay conveyance charges then builder is within his rights to demand the same . 

2) you can file Rti application with BMC to find out why OC has not yet been issued
Ajay Sethi
Advocate, Mumbai
26123 Answers
1420 Consultations
5.0 on 5.0
thanks for your appreciation . the earlier flat owners wont have to pay any such charges . the terms of agreement signed between builders and flat owners for redevelopment   of building premises would   contain  such a clause .
Ajay Sethi
Advocate, Mumbai
26123 Answers
1420 Consultations
5.0 on 5.0
I have same view as of Mr. Ajay Sethi.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
please contact a local lawyer . the agreement signed with builder has to be vetted by lawyer to know your legal position . if conveyance charges have to be paid proportionately then ask builder for details of charges and how it is being recovered as per the agreement
Ajay Sethi
Advocate, Mumbai
26123 Answers
1420 Consultations
5.0 on 5.0
send copy of agreement for examination only thereafter proper answer could be given as it is matter of interpretation of terms of the agreement. Or talk on phone.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
26123 Answers
1420 Consultations
5.0 on 5.0

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