• Sale of property

I have an agreement with a builder to purchase a flat, where the builder agreed to hand over the property within 18 months subject to full payment. i have made full payment within 18 months. But at present even after two years after full payment the builder is not able to complete the flat. Is there any chance that the agreement will expire ?
Asked 1 year ago in Property Law from Guwahati, Assam
Religion: Hindu
you may issue a legal notice through counsel and demand your flat/possession and also claim the compansation for delay the possession of flat. if the builder is not replying or not ready to pay the amount or possession of flat then you may file a complaint before consumer court against the builder and claim your flast along with the compensation for delaying.

Feel free to call
Nadeem Qureshi
Advocate, New Delhi
4242 Answers
182 Consultations

4.9 on 5.0

1. Without seeing the terms f the agreement it is very difficult to advise.
2. In any case if the developer has breached any of the terms of the agreement you can seek legal recourse.
3. To seek legal recourse you can file case beofre the consumer forum where from you can claim for completion of the pending work/cancellation of agreement/damages /compensation etc.
Meet  a lawyer and show him the agreement copy to take the matter forward.
Devajyoti Barman
Advocate, Kolkata
8895 Answers
108 Consultations

5.0 on 5.0

1) agreement will not expire builder is bound to hand over the flat as full payment is made by you 

2) no limit on notary public to attest the agreement 
Ajay Sethi
Advocate, Mumbai
33622 Answers
1854 Consultations

5.0 on 5.0

Hi, You can ask for refund of the amount or claim damages from the builder as the builder has failed and neglected to hand over the apartment.

2. First issue legal notice to the builder and then file a complaint in the Consumer Forum.
Pradeep Bharathipura
Advocate, Bangalore
4363 Answers
175 Consultations

4.3 on 5.0

1. The remedy for you is two fold-either you may issue a legal notice for cancellation of agreement due to its breach by the builder and claim the refund of the amount paid in entirety, or file a suit to seek specific directions from the court to him to honour the agreement and deliver the possession to you in a time bound manner with compensation. 

2. Notary public does not have any role to play in this.
Ashish Davessar
Advocate, Jaipur
20744 Answers
548 Consultations

5.0 on 5.0

I have an agreement with a builder to purchase a flat, where the builder agreed to hand over the property within 18 months subject to full payment. i have made full payment within 18 months. But at present even after two years after full payment the builder is not able to complete the flat. Is there any chance that the agreement will expire ?

If the builder has not preformed his part of contract you may file a suit foir specific performance of contract or can file a suit under Specific relief act.  Whatever it is, you have to file the suit within three years from the expiry of the contract period. 
T Kalaiselvan
Advocate, Vellore
23650 Answers
233 Consultations

5.0 on 5.0

Whether there is any limit of notary public to execute agreements based upon the value ?

The question is not about the limit but about the legal validity of the said agreement. Any unregistered agreement with regard to the immovable property is not legally valid and becomes unenforceable. However this is to be contested by the defendant on this ground.
T Kalaiselvan
Advocate, Vellore
23650 Answers
233 Consultations

5.0 on 5.0

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