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Pradeep Sharma (Accounting Specialist)     09 July 2011

Builder Buyer Agreement in UP

I have purchased under construction property in Noida... I got BBA  (Builder Buyer Agreement) from builder.. As per my knowledget.. BBA needs to be registered within 4 month of signing such agreeemtn.

 

can someone pls conifirm what is the process of BBA registration and it is good for BBA resigration by paying 2% of stamp duty of total flat cost... Will this 2% stamp duty will be adjusted in future registration.

 

regards



Learning

 4 Replies

Anup Gupta (Advocate & Corporate Consultant)     09 July 2011

Dear Pradeep Sharma,

Generally BBA executed between the parties for allotment of the flat and schedule of payment. After Complete construction and payment, the possession of the said flat is handover to the Allottee of the flat and builder also executed proper sale deed for the same.

If you want to get BBA registered than in that case, you have to pay requisite stamp duty and registration fee and these duty and registration fee will not adjust at the time of execution of sale deed. However, as per the general practice there is no need to get BBA registered.

But you shall register your sale deed after paying of requisite stamp duty and registration fee.    

In case of any further query, please reply.

  

 

1 Like

Pradeep Sharma (Accounting Specialist)     09 July 2011

As per new  "UP apartment act 2010" having a builder buyer agreement & registering is mandatory, you are supposed to get the agreement document, registered with authority within 4 months of execution of BBA.& do ensure that builder buyer agreement mentions "ALL" the details of Terms and conditions plus floor plan, building plan, material to be used, specifications , amenities and quality to be provided, common area and its use, built up area, carpet area, date of completion, detail of handing over of completion certificate, penalty in case of delay , etc....

So instead of having builder buyer agreement on Rs. 100 stamp paper, registry will sure help you to keep you more safe side since you have legal registered document. I know that BBA registered is not a famous tool in Noida/G.Noida and most of people/builder don’t want to use it else builder come under UP apartment act 2010.

In case of any future delay by builder OR project is stalled OR builder is not doing what was said to buyer in while in booking, Registered BBA is the only one legal tool which you can easily use against builder, Do you think that BBA on Rs. 100 stamp paper will have same legal proof as comparing to "Registered BBA".

BBA is made after 10% of initial booking amount to builder and in BBA, builder keep all basic, future points related to property. As per my knowledge, such legal document on immoveable property can not be done on Rs. 100 stamp paper and such agreement to be registered in local court.??

 I have attached UP apartment act documents for your review.

Pls comment. Thanks in advance for your reply.

Regards,

Pradeep Sharma


Attached File : 38081 193076 11 apartment act rules 2010 1 .pdf downloaded: 849 times
1 Like

apanwar (Dr.)     10 July 2011

Originally posted by :Pradeep Sharma
"
I have purchased under construction property in Noida... I got BBA  (Builder Buyer Agreement) from builder.. As per my knowledget.. BBA needs to be registered within 4 month of signing such agreeemtn.

 

can someone pls conifirm what is the process of BBA registration and it is good for BBA resigration by paying 2% of stamp duty of total flat cost... Will this 2% stamp duty will be adjusted in future registration.

 

regards
"

Good information.

you know some did same recently,

thanks.

Pradeep Sharma (Accounting Specialist)     10 July 2011

can someone pls put more light whether should I go for BBA registry and what is the process


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