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VNA (Consultant)     14 June 2012

Any time limit for a builder to execute sale deed

Hi All,

I have purchased a flat in an apartment (having less that 10 flats) in Kolhapur. I have taken a home loan from SBI in 2008. We have paid all the money to the builder by 2010 itself. However, the sale deed is not yet executed.

The builder is just giving some or the other reasons since past two years and postponing it. He is saying that he is not getting the completion certificate from the corporation and hence the Declaration is not made and hence he can't execute the sale deed.

Is there any provision in the law that puts time limit for the builder to do the saledeed after possession is given to the buyer?

Thanks in advance.

Vasudev



Learning

 3 Replies

VNA (Consultant)     14 June 2012

Also, since he is not getting completion certificate I am unable to get the electricity meter in my name. Hence, we are taking electricity from builder's construction meter. The builder is now asking us to pay the electricity charges based on commercial rates instead of residential rates. How can I defend not paying these charges based on commercial rates (which is substantially higher than the residential rates)?

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     14 June 2012

Dear VNA,

In some of the states, there is restriction for execution of Sale Deeds in respect of Residential Flats constructed to put a check on the Developers, however it is better you consult the concerned sub-Register to enquire whether the Residential Flat can be registered in your name without any completion Certificate issued by the Municipal Authorities. If yes, then immediately issue a notice to him for specific performance of contract. If no,

Then you have to wait till he furnishes the completion Certificate issued by the concerned Municipality. Further, it is better to check out the Development Agreement terms to find out any restriction against the builder to complete the construction within a specific period or not.

I suggest you to consult a local lawyer, to get things faster dont make much delay as you have entered into agreement in the year 2008.

 

 

 

 

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     14 June 2012

Dear VNA,

In some of the states, there is restriction for execution of Sale Deeds in respect of Residential Flats constructed to put a check on the Developers, however it is better you consult the concerned sub-Register to enquire whether the Residential Flat can be registered in your name without any completion Certificate issued by the Municipal Authorities. If yes, then immediately issue a notice to him for specific performance of contract. If no,

Then you have to wait till he furnishes the completion Certificate issued by the concerned Municipality. Further, it is better to check out the Development Agreement terms to find out any restriction against the builder to complete the construction within a specific period or not.

I suggest you to consult a local lawyer immediately to get things faster dont make much delay as you have entered into agreement in the year 2008, which will also effect the limitation period for a general contract.

 

 

 

 

 


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