• Holding charges

I bought a flat in Dehradun and got it registered in February 2014 after paying all the dues including maintenance charges.

after a gap of one and a half year in the month of October 2015 I received a letter from the builder to take possession of the flat by paying holding charges @ 10,000/- pm (approx 2 lakhs + maintenance) 

I want to know whether the demand is legal as the registered sale deed mentions deemed possession.  Is it necessary to execute possession agreement when the property is already transferred in my name through registered sale deed
Asked in Property Law from Delhi, Delhi
Religion: Hindu
1) pay the amount under protest 

2) take possession of flat from builder 

3) then move consumer forum against builder and seek refund of holding charges paid with interest 

4) builder can offer you possssion only after OC is issued 

5) builder can levy maintenance charges only after possession is delivered to flat owners 

Ajay Sethi
Advocate, Mumbai
28455 Answers
1543 Consultations

5.0 on 5.0

Hi 
Your builder is making false claims. hence you can choose to ignore his claim. 

Once the property is registered, then you have become the owner and also have the possession of the property. 

However you are liable to pay maintenance charges from registration date till today since yours is a flat(maintenance comprise of common electricity, water, cleaning of common areas security etc).

There is nothing called Holding charges and your builder is claiming money under fictitious head. 

Also  in law, there is no provision for Separate Possession agreement after the registration of the property. Hence the claim of the builder for handing over of possession to you is a false and fictitious claim. 
 
The duties of the builder includes the following in addition to registration:

a) builder should get the electricity , water and property tax records mutated in your name  . 
b) the builder should provide you the copy of the  occupancy certificate issued by the municipal authority for the entire apartment complex. . 
c) Builder should complete all the amenities in common area and hand it over to the flat owner's association. 

hope this helps.
Rajgopalan Sripathi
Advocate, Hyderabad
996 Answers
73 Consultations

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The title to the buyer passes the moment the sale deed is registered in the office of sub-registrar by the seller or anybody for and on his behalf. Unless there is a clause in the sale agreement that provides for holding charges it is illegal on part of the builder to demand it. 
Ashish Davessar
Advocate, Jaipur
19897 Answers
519 Consultations

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