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