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Sachin   23 June 2016

Can builder cancel sale agreement registration

Hello Sir,

I have purchased Flat in Pune and Done Flat Purchase Agreement with Builder. I have Paid all Agreement Amount by Check and having receipt but i have paid Stamp Duty & Registration Amount by Cash and i dont have any proof except the Audio recording which i did during Cash Pay..

Builder has not yet given Possession Letter but i am staying in same Flat from Last 2 year.

Now When I planning to file Counsumer Case Against builder for Deficency in  Work having few Major issues in Flat.

Now Builder has sent Notice to Me by Saying to Pay the Stamp Duty & Registration Amount else he will Terminate the Agreement.

Can builder is having power to Terminate the Agreement?

Can builder ask to pay Stamp Duty and Registratin Amount after 2 year?

He is threatning me to pay the Amunt.

Please guide me how i can proceed further.?

 



Learning

 7 Replies

JustAdvisor (IT)     23 June 2016

i don't endorse payment by cash. has the sale deed been duly stamped and registered?

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     23 June 2016

show your audio through whats app to your builder and record the conversations for further evidence

Sachin   25 June 2016

Hello Sir,

Sale Deed is not yet done.

Almost from all Flat owner Stamp Duty & Registration Amount has take in Cash Only.

Can builder cancel the Agreement?

 

Sachin   26 June 2016

Hello Sir,

To avoid next complication from Builder. 

Can i pay amount by check with Protest Letter and get Possession Letter?

After this can i amend my Counsumer Case and ask for Repayment.

Can Consumer Court will consider it and ask builder to Return amount. Since From all flat owners he took Stamp Duty & Registraton amount in Cash only.

Is it possible to ask show the Stamp Duty & Registraton Transaction of all Flat owners.

Can i submit Audio clip in wihch Builder was asking Black money (Unofficial Money) for Parking ?

Can Counsumer Court will take action base on Audio clip?

If i will not pay he will not give me Parking even thourh i purchased 2bhk flat. He has allocated Parking to 1 BHK flat owners by taking money from them

 

Please reply i needs to take decison as early as possible.

Thanks & Regards


(Guest)

1) Stamp Duty and Registration fee as per latest procedure in Maharashtra it has to be deposited directly to treasury online then document registered. 

2) When Proper stamp duty and registration fee is paid then document is admitted as evidence in court of law else not

3) But in Maharashtra Flat ownership act there are many provision helpful for buyer of flat like flat has to be registered and this is responsibility of builder etc. 

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Contact Local Advocate , send reply to notice
1) Telling you have paid money to him regarding stamp duty and registration fee 

2) Telling him to register the document immedately (For larger interest you can pay money to treasury get it done and tell seller to come for registration ) 

3) Tell builder to refund money  in notice also for which receipt not given. 
4) From your advocate , get all documents verified and checked so fault does not lie in the document

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Builder can not terminate the agreement in your case alone. his advocate is just writting this to create stress on you or put you in panic state 

Most imp. thing get document stamped and registered if he does not co-operate for this too legal remedies are available but this should be done on priority 


 

 

Sachin   30 June 2016

Hello Sir,

In Sale Agreement Builder has Clearly mentioned like - 

"The FLAT/UNIT Purchaser has paid stamp duty of Rs 1,80,200.00 (Rupees One Lakh Eightty Thousand Two hundred Only) along with appropriate registration fees herewith. The Parties hereto shall be entitiled to get the aforesaid stamp duty adjusted leveable on the conveyance, which is to be executed by the Propmoters and the Ownership Party herein in favour of the FLAT/UNIT Purchaser herein. If additional stamp duty is required to be paid at the time of conveynance the same sahll be paid by the FLAT/UNIT Purchaser...."

Can this will proove that Builder has already taken Money for Stamp Duty and Registration?

When this clause is there then also builder can ask money?

What if Builder file case against me?

Please Reply your valuable feedback.

Thanks in Advance for your kind support and suggestion which are helpful for me to proceed further.

 

Sachin   30 June 2016

Hello Sir,

In Sale Agreement Builder has Clearly mentioned like - 

"The FLAT/UNIT Purchaser has paid stamp duty of Rs 1,80,200.00 (Rupees One Lakh Eightty Thousand Two hundred Only) along with appropriate registration fees herewith. The Parties hereto shall be entitiled to get the aforesaid stamp duty adjusted leveable on the conveyance, which is to be executed by the Propmoters and the Ownership Party herein in favour of the FLAT/UNIT Purchaser herein. If additional stamp duty is required to be paid at the time of conveynance the same sahll be paid by the FLAT/UNIT Purchaser...."

Can this will proove that Builder has already taken Money for Stamp Duty and Registration?

When this clause is there then also builder can ask money?

What if Builder file case against me?

Please Reply your valuable feedback.

Thanks in Advance for your kind support and suggestion which are helpful for me to proceed further.

 


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