regarding allotment letter and Agreement for sale.
Dinesh
(Querist) 14 July 2016
This query is : Resolved
Dear Experts,
I have purchased a flat in mumbai from a builder who gave us an allotment letter when we booked the flat.
Now when the flat is ready for possession n we have paid almost the full amount , the builder says that the agreement for sale will supersede the letter of allotment which stated agreed terms n conditions.
Now they have changed some terms n added new heads of expenses in the agreement for sale which was not mentioned or informed to us at the time of allotment letter.
I would like to know if an agreement of sale can supersede the letter of allotment , and also if new charges can be added in the agreement of sale which were not mentioned in the allotment letter.
Thanking you all in advance for taking out time for reading my query,
Regards,
Dinesh.
Kishor Mehta
(Expert) 15 July 2016
Sir,
A registered sale deed prevails.over a letter of allotment. You should insist on inclusion of the terms of letter of allotment and refuse to agree to any terms adverse to your interests.
Good luck,
Kishor Mehta
Rajendra K Goyal
(Expert) 15 July 2016
If agreement to sale signed / agreed by both the parties that is legally enforceable. Allotment letter duly accepted by purchaser is valid. In case of any difference in terms the document having later date can be accepted.
