• Builder Buyer Agreement Registration in Greater Noida

Hello,

I recently booked a flat in Greater Noida. On my request, the builder provided me with a draft of Builder Buyer Agreement (BBA). I tried to get it court registered but was informed that this process in Greater Noida requires paying 5% stamp duty which is normally due at registration time in some other states (Haryana, where I have done this multiple times before). I'm not inclined to pay the stamp duty at this time since the flat is not ready and there is risk. But I wanted to confirm with a learned lawyer if this is indeed true and if there is any other way of getting the BBA registered so the builder cannot cheat us and it is binding on them if we need to pursue legal means later on delay or non-delivery of flat.

Thanks,
Abhishek
Asked 2 years ago in Property Law
Religion: Hindu

4 answers received in 30 minutes.

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9 Answers

Registered builder buyer agreement is binding upon builder 

 

2) in the event builder fails to honour his commitments made in agreement you can sue the builder to direct builder to deliver possession of flat to you and pay you compensation for delay in delivery of possession 

Ajay Sethi
Advocate, Mumbai
89045 Answers
6352 Consultations

5.0 on 5.0

Dear Sir/Ma'am

Yes, paying stamp duty is mandatory. However, if you do not want to pay till the flat is ready it is fine. Just make sure you have some kind of written document which clearly states that the buyer is to deliver the flat to you. Incase he doesnt, you can file a suit against him under various laws such as contract act, COPRA and so on. 

Anik Miu
Advocate, Bangalore
5353 Answers
57 Consultations

4.9 on 5.0

The BBA or any agreement in connection with the purchase or any transaction related to an immovable property can be done by a registered document by paying the due stamp duty as per the prevailing rates of that state.

An unregistered document cannot be enforced in law when there arises  a default or deficiency in service at a later stage.

You can get all the documents vetted by an experienced advocate in the local and also with the opinion and the recommendation of the advocate you may proceed as suggested. 

T Kalaiselvan
Advocate, Vellore
79210 Answers
1614 Consultations

5.0 on 5.0

Any stamp paid at the time of BBA registration  will be deducted at the time of registration  of sale deed. If you want to purchase property you need to pay whatever is stamp duty. But whatever is paid at the registration  of agreement  will be deducted from stamp duty required to be paid at final registration. If the builder tries to sort of cheat you, you are entitled to recover everything you paid with interest including stamp duty of agreement.   

Ravi Shinde
Advocate, Hyderabad
3139 Answers
42 Consultations

5.0 on 5.0

Yes you can proceed with the above action against builder as stated

Prashant Nayak
Advocate, Mumbai
28075 Answers
93 Consultations

4.4 on 5.0

Even without a registered sale agreement your rights are protected as buyer. 

Therefore in case of default you can can seek recourse under RERA or CP Act.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
408 Consultations

5.0 on 5.0

- As per law, you can enter into an unregistered agreement with the said builder to save stamp duty.

- Further , in case of delay or deficiency of services by the builder , you can sue him even this agreement as well 

- Further, this agreement should be signed in the presence of two witnesses .

Mohammed Shahzad
Advocate, Delhi
10304 Answers
123 Consultations

5.0 on 5.0

BBA are nit generally registered and I will advice you not to spend on it. It is admissible in court without registration also. There is no need of paying stamp duty. The builders get it notarised and it only takes 50-100 rupees per attestation. Since I am working in the field of properties so I can assure you about it. 

Good luck. 

Gopender
Advocate, New Delhi
384 Answers

4.9 on 5.0

You should register an agreement with the builder. It is essential as you should be careful and cautious. The amount should be ascertained with the registrar office. An agreement to sell should be registered.

Rahul Mishra
Advocate, Lucknow
13846 Answers
65 Consultations

5.0 on 5.0

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