Building flat sale deed legal charges and common area charges
I have owned a flat in Pune and have initially payed Rs.20,000/- in cash against Legal Charges for documentation purpose. Now after one year builder is asking another Rs.10,000/- extra for completing the sale deed process of my Flat. I am paying PMC tax for my flat by myself, whereas the Builder is responsible for paying the taxes and electricity charges for Lift, common lights and areas.
I have the below questions:
1) Is it justified that every flat owner has to pay additional legal charges for getting sale deed completed. If not, how to convince or what action needs to be taken ?
2) What is process involved in forming Conveyance deed once the sale deed is completed ?
3) Can we demand from the builder for general housekeeping services like cleaning building and compound area, since the maintenance amount is with builder. If he is not keeping up his services, what action can the residents take.
4) If the Sale deed is processed for every flat, then is it duty of the builder to form Co-op Society or all the residents needs to form one without builders interception.
Thanks in advance.
Asked in Property Law from Pune, Maharashtra
1) yes builders charge for legal expenses incurred for execution of sale deed
2) builder will execute conveyance in favour of society in respect of land on which building has been constructed
3) if builder does not maintain building inspire of collecting maintenance drag him to consumer forum for deficiency in service
4) builder had to form cooperative society . If he does not do so then you can move consumer forum against builder and obtain orders to direct him to do so
1. Unless there is a mention in the agreement regarding the amount which the builder is to charge for the execution of the sale deed, he is not entitled to charge it. If there is no mention to this effect then the stamp duty and registration charges alone are to be paid.
2. Execution of sale deed is the conveyance of property. Nothing is left to be done after the sale deed is made.
3. The maintenance amount charged by the builder has to appropriated towards the services in respect of which he has charged it.
4. A separate sale deed has to be made for every flat. It is the duty of the builder to form the society. However, if he abdicates this duty then the owners can form the society.
5. A lawsuit for breach of contract to claim compensation can be filed against the builder if he does not carry out his contractual liabilities.
Thank you for the quick reply. I see for point 1 there is a difference in opinions between the two Honorable consultants. Could you please clarify on legal charges in a bit depth and whether it needs to be paid, if there is no mention of the charges in the Sale of Agreement.
The Stamp Duty and Registration charges had been already paid during the sale of Flat plus Legal Charges of Rs.20,000/-. There is an additional ask of Rs.10,000/- for completing the Sale Deed agreement.
With reference to other questions, I am quite fulfilled with the answers and I am planning to write a consent letter to the builder with the signature and approvals from all the tenants currently residing in the building. Is there any generic consent letter format which I can refer to be handed over to the builder, before further proceedings.
Thanks in Advance.
Asked 1 year ago
1) if you have already paid rs 20000 as legal charges builder cannot seek to recover additional amount
2) the amount to be paid as legal expenses is specified in the agreement
The payments towards legal matters differs on agreement of the parties.
In your case if you have already made the payments you need not pay twice.
So you have every right to seek explanation as regards extra money.
Once that's given I may advise further.
A general consent letter will do.
Could you please clarify on legal charges in a bit depth and whether it needs to be paid, if there is no mention of the charges in the Sale of Agreement.
The legal processing charges/fee are to be borne by the individual and not by the builder/vendor, the exact amount will not find place in the sale agreement.
Is there any generic consent letter format which I can refer to be handed over to the builder, before further proceedings.
There is no specific format for this but the consent letter should indicate the free expression to form a society and assurance/willingness to abide by the necessary formalities in that regard.