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Harsha (Legal Practitioner)     01 March 2010

Recovering balance

 

Hi People,

 

I have a query. MY friend had a site from a housing co-operative soceity from his Health department. He got the site and the allotment letter was allotted to him. He wanted to sell this site (40 X 60) and purchase a house. So one party came and purchased the site for 17 lakhs, but at the time of sale he had not got the khaata in his name but he had got it registered in his name. As per the agreement duration, within 2 months he said he would see that the khaata is taken from his name.

But actually, the housing society had not paid the amount to the urban development authority and as such they were not allowing them to get khatas for the allottees. So even after 2 months he could not get the khata for that site. The purchaser was waiting for 7 months. So during that time they got the site registered in the purchaser's name but since the khaata was not done they reduced the price to 15 lakhs 80 thousand that means my friend reduced 1 lakh and then they gave him 15 lakhs 80 thousand and said that they would pay another 20k after my frn gets the khaata transferred in their name.  But at that time itself my frn had made clear that they have to get the khata done on their own by paying the amount to the society and that is the reason he has reduced 1 lakhs.

 

Now after 1 year from the date of this incident the housing society informed my friend to come and take the no objection certificate by paying 25k and then he can submit the same to the urban development authority to get the khata in his name. SO he called the purchaser and informed them that they have to come and pay the amount of 25 k to the society and get the no objection certificate and he would pay the nominal fee to get the khata from the urban development authority. Now they are saying that my friend has to pay 25k and get the khata and then only they will pay the remaining 20k to him. So my friend said if such is the  case then pay 1 lakhs to me which i had reduced at the time of sale and there is no answer from them.

1) When my friend had reduced 1 lakhs then only he had told that the purchaser has to bear the entire cost of getting khaata in his name.

2) Can the purchaser get the khata in their name without my friend's intervention by paying some amount to the housing society or to the urban development authority.

3) What he can do to get his money back


Regards,

 

Harsha.

9379709747

 



Learning

 1 Replies

Isaac Gabriel (Advocate)     01 March 2010

The issue of kahata is the prerogative of the Urban development authority, and the owner of the flat has to take the initiative . In this case the owner can get it by obtaing the no objection certificate from the housing cooperative society. Yet, your friend is left with an option  that the cooperative society normally give concurrence for issu of kaata in the name of the allotte only.So your friend can utlise this opportunity to realise the dues from the purchaser.


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