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Mohan Patil (Research)     16 February 2012

Agreement

I am purchasing a flat from a builder in Pune. The builder has sent draft agreement.  "Seller shall take steps to convey/assign on ownership/leasehold basis the said property under development described "

I told him to remove leasehold basis but he said it is lawyers language and agreement is same for all the purchasers. He cannot change it for one purchaser. He told he will transfer to a housing society and need not worry.

Is there any legal problem. According to law we have ownership on the flat as well as the land on which the building is constructed. Can the builder say he can give land on leasehold basis and only the flat is on ownership basis. Please advise. 



Learning

 8 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     16 February 2012

Even others have not objected you should ask to remove the leashold word.

Alternatively mention that whole proptery will be transfered to co op society and give its schedule.

Mohan Patil (Research)     16 February 2012

I told the builder to remove the word "lease" He told me "conveyance" is also there with " / " leasehold and it should not be a problem. According to me he will not remove lease word. What the options? It is not a lease agreement and it only a sale agreement. Later after completion of the project if he wants to lease then he has to sigh lease agreement and society also has to sign lease agreement. When conveyance and lease options are there in the agreement why the society will sign lease agreement? I cannot fight with the builder because others are ready to buy if I am not interested. The property is good and builder is also reputed. Construction is excellent. Please advise.

Nandagopal Rao (Retainer)     16 February 2012

It cannot be on leasehold basis.  Ownershp must get conveyed either in faovur of individual purchaers or in favour of a co-op housing society.  

Mohan Patil (Research)     16 February 2012

I told the builder to remove the word "lease" He told me "conveyance" is also there with " / " leasehold and it should not be a problem. According to me he will not remove lease word. What the options? It is not a lease agreement and it only a sale agreement. Later after completion of the project if he wants to lease then he has to sigh lease agreement and society also has to sign lease agreement. When conveyance and lease options are there in the agreement why the society will sign lease agreement? I cannot fight with the builder because others are ready to buy if I am not interested. The property is good and builder is also reputed. Construction is excellent. Please advise.

Nandagopal Rao (Retainer)     16 February 2012

Then go ahead.  In case of any problems, you will fall in suit with others.  Is a society already formed and registered?  If yes, I do not think there could be any problem.  Owner/Builder has to transfer the land with building in favour of such registered Society by way of sale on ownership basis and not on leasehold basis.

Mohan Patil (Research)     16 February 2012

Society is not yet formed. The construction is still going on. After completion of the project society will be formed. 

Kumar Doab (FIN)     16 February 2012

Mr. rao has rightly advised "In case of any problems, you will fall in suit with others."

It shall be appropriate to record your reservations, contentions in writing under acknowledgment, and declare that "Owner/Builder has to transfer the land with building in favour of such registered Society by way of sale on ownership basis and not on leasehold basis." and seek explanation.

Alternatively you may approach a local lawyer expereinced in such mattrers and obtain a carefully drafted/structured letter to suit you, and submit under acknowledgment.

if you sense any trouble stay away from this property and put your money elsewhere.

Mohan Patil (Research)     16 February 2012

In one website I found that " It is mandatory for the developer to convey the land in question in the society’s favor/ owner’s association within a specific time period from project completion date (the time period is generally four months).

Is it true? If it is true then what is the importanc of word "lease" in the agrmment?


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