• Issue of duplicate allotment letter

Sir, I have already requested the builder for issue of a duplicate letter. But the builder seems to be un cooperative. The apartment was registered in the name of the first allottee in 2005 i.e pre -RERA period. Kindly advise.
Asked 3 months ago in Property Law
Religion: Hindu

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11 Answers

Even if don’t have allotment letter it will make not a difference 

 

you have xerox copy of allotment letter ask builder to certify it 

Ajay Sethi
Advocate, Mumbai
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seek phone consultation from website 

Ajay Sethi
Advocate, Mumbai
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Yuganshu Sharma
Advocate, Delhi
945 Answers
2 Consultations

you can send him a notice and file a complaint before consumer court

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

The builder may refuse to furnish the duplicate allotment letter becausae yo are no one to the builder.

You can put pressure on the seller to procure the same and hand it over to you.

In any case your title is very much safe and secure hence you need not be worried about the allotment letter.

You can get an affidavit and indemnity letter from your seller that the original allotment letter is lost and he will indemnify you against any loss or damages due to this.

T Kalaiselvan
Advocate, Vellore
89957 Answers
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T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

 

  • Since the allotment was made pre-RERA (2005), the builder is not bound by RERA obligations.

  • If the builder refuses to issue a duplicate allotment letter, you have these remedies:

    1. Serve a legal notice to the builder formally demanding the duplicate copy.

    2. If still non-cooperative, approach the consumer forum (Consumer Disputes Redressal Commission) for deficiency of service.

    3. If you have proof of allotment (like sale deed, registration documents, or payment receipts), the sub-registrar’s office or housing society records may also help you establish title without the duplicate.

 

Shubham Goyal
Advocate, Delhi
2055 Answers
14 Consultations

When there is a registered sale deed why you need the allotment letter is beyond my comprehension

The sale deed would anyway supersede the allotment letter 

The allotment letter is not even a title document 

Yusuf Rampurawala
Advocate, Mumbai
7896 Answers
79 Consultations

- Since, the said property is registered in your name then the builder cannot refuse to issue an allotment duplicate letter 

- However, the earlier seller should issue a letter or lodge a complaint before the police station for the loss of that letter 

- After submitting the same to the builder , you can ask for the allotment letter 

- Further , if he refused then sent a legal notice to the builder. 

 

You can contact me, if further suggestion needed. 

Mohammed Shahzad
Advocate, Delhi
15799 Answers
242 Consultations

Since the flat was registered in 2005, your registered sale deed is the main proof of ownership. The builder’s letter is secondary. If the builder is uncooperative, you can:

  1. Send a legal notice demanding the duplicate letter.
  2. Rely on your sale deed and utility/society records as proof.
  3. If needed, file a consumer complaint or civil suit to compel the builder.

 

Adarsh Kumar Mishra
Advocate, New Delhi
195 Answers

Since your apartment was registered in 2005, i.e., prior to the coming into force of RERA (2016), the provisions of RERA may not directly apply to your case. In such situations, if the builder is not cooperating in issuing a duplicate allotment letter, you still have certain remedies available:

  1. Written Representation: First, issue a formal written request (by speed post/registered post with acknowledgement) to the builder, clearly stating the need for the duplicate allotment/possession letter. This will serve as evidence of your attempt.

  2. Consumer Forum: If the builder refuses or remains uncooperative, you can approach the Consumer Disputes Redressal Commission under the Consumer Protection Act, since non-issuance of necessary documents amounts to deficiency in service.

  3. Civil Court: You may also file a civil suit for mandatory injunction directing the builder to issue a duplicate letter, particularly since it concerns your title documents.

  4. Society / Association Records: If the property has since come under a Resident Welfare Association (RWA) or cooperative society, check if they have any record of allotment or possession that can support your claim.

  5. Sub-Registrar’s Office: Since the apartment is already registered in your name, your sale deed and registration details are legally sufficient proof of ownership. The allotment letter is supportive in nature, not conclusive. You may obtain certified copies of registered documents from the Sub-Registrar to safeguard your title.

Aman Verma
Advocate, Delhi
501 Answers

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