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k venugopal (CTO)     14 February 2012

Maintenance charges

I PURCHASED A PLOT IN THE YEAR 2000. I PAID ENTIRE CONSIDERATION IN 2003. THERE WAS NO AGREEMENT AS REGARDS  TO THE PAYMENT. AFTER  CONTINEOUS FOLLOWUP THE DEVELOPER EXECUTED AND  REGISTERED THE  DEVELOPMENT RIGHTS  AND POWER OF ATTORNEY, AS SALE DEED COULD NOT BE EXECUTED AS IT WAS NOT ALLOWED AS PER GOVT RULES.

NOW AS THE GOVT HAS RELAXED THE RULE  I APPROACHED THE DEVELOPER TO EXECUTE THE SALE DEED. I AM READY TO PAY THE REQUISITE STAMP DUTY. HOWEVER THE DEVELOPER IS DEMANDING MAINTENANCE WHICH I AM NOT LIABLE TO PAY.  THERE IS  NO MENTION OF MAINTENANCE CHARGES IN THE DEV RIGHTS AND POA DOCUMENT.

CAN I PROCEED LEGALLY AND IF SO HOW MUCH TIME IT WILL TAKE FOR THE CASE TO SETTLE.



Learning

 1 Replies

adv. rajeev ( rajoo ) (practicing advocate)     15 February 2012

Yes you can initiate legal proceedings against the developer to get execute the regd., sale deed by filing specific performance suit


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