• What's the section for getting the commitment letter from Builder

Is there any provision of commitment letter for project completion in law? What's the section?
If planning to get the commitment letter/said paper then may i get the template?

What are provision of preparing such an agreement and getting it notary?
This is for getting the builder into few commitments such as follows despite having sale agreement, deed or construction agreement etc.

1.Date of Completion of project and handing over
2.Providing the NOC for different stuff on date://
3. Providing separate meter and respective car parking.
4. 1 year maintenance by builder to provide.

Any thought how this type of letter help more than any other letters.

5.
Asked 11 days ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) there is no specific template 

2) simple letter from builder that he would deliver possession by specific date and allot car parking slot etc is sufficient 

3) it should provide that in case he fails to deliver possession he would pay interest at X rate 

4) not necessary to have it notarised 
Ajay Sethi
Advocate, Mumbai
23151 Answers
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1) ownership of flats act  requires a builder to execute an agreement for sale containing inter-alia the terms as prescribed therein with its purchasers upon receipt of consideration as stated therein with respect to the apartment agreed to be sold by the builder.

2) the agreement should Specify in writing the date by which possession of the flat would be handed over the precise nature of organization of flat purchasers to be formed to which the title would be conveyed, e.g., company, co-operative society

3)builder  Cannot give possession until a Completion Certificate is received from the Municipal Corporation.

4) he Promoter is responsible for paying all outgoings including taxes in respect of the flats until he transfers the property to the flat owners/ society / company, etc.

5)Once the approved plans and specifications are disclosed to the flat purchasers, the promoter cannot without the purchasers’ previous consent make any alterations or additions in the structures of the flats.

6) in the event builder fails to honour its commitment you can  move civil court or consumer forum against the builder and seek orders to direct builder to hand over possession within stipulated period
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
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section 4 of karntaka ownership of flats act . 

Promoter before accepting advance payment or deposit to enter intoagreement and agreement to be registered.- Notwithstanding anything
contained in any other law a promoter who intends to construct or constructs a
block or building of flats, all or some of which are to be taken or are taken on
ownership basis, shall, before he accepts any sum of money as advance
payment or deposit, which shall not be more than twenty per cent of the sale
price, enter into a written agreement for sale with each of such persons who are
to take or have taken such flats, and the agreement shall be registered under the
Registration Act, 1908 and such agreement shall contain the prescribed
particulars; and to such agreement there shall be attached such documents or
copies thereof, in respect of such matters, as may be prescribed. 

2) under section 6 .it is promoter  Responsibility for payment of outgoings till property is transferred.-

3) section 8 provides promoter shall  give possession in accordance with the terms of his
agreement of a flat duly completed by the date specified, or any further
date or dates agreed to by the parties;he shall Refund of amount paid with interest for failure to give possession   within specified time or further time allowed.-

4) under section 11 . Promoter  is bound  to convey title, etc., and execute documents, according to
agreement.-

5) agreement for sale/ sale deed  entered into by the builder would mention the completion date of project , consideration to be paid , allotment of car parking slot , electricity meter 
Ajay Sethi
Advocate, Mumbai
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1. No, there is no such section. When there is no such section or provision of law then it is naive on your part to persist in asking us for it. Show some mature behaviour. 

2. The contractual liability arises from the agreement which is enforceable in a court of law through a suit for specific performance, a fact which you claim is known to you from 10th standard.
Ashish Davessar
Advocate, Jaipur
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447 Consultations
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What are provision of preparing such an agreement and getting it notary?
This is for getting the builder into few commitments such as follows despite having sale agreement, deed or construction agreement etc.

The sale agreement shall be inclusive of certain condition which are reasonable and justified.
 I am afraid the builder will agree to your other three conditions except for the first one.

There is no template for this, you may consult a local advocate and proceed as per his further advise.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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You may enter into a registered agreement with the conditions as per your desire provided the builder agrees to the condition you may impose.
This shall be covered under law of contract.



The further comments by you are derogatory and if you dont mind your language then it will  be your problem.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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