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Bhalchandra R (DYM)     11 July 2017

Possession of incomplete flat

Respected Sirs,

I have booked a flat in a project consisting around 10 buildings & amenities in maharashtra, raigad dist. The completion date as per registration of my flat is already over. Three building out of 10 buildings in which i have a flat, have completed 90% of work. Some miscellanious work and installation of electricity meter is pending. Other building's are not yet started. Amenities will be completed once all the buildings are ready.  We are following up with Developer/builder for the complete possesion through phones & emails. He is saying that we can take the possesion as it is & he will complete the remaining work afterwords. We have to pay 10% balance payment.  Developer/builder is saying that he will take the balance payment once all the work is completed.

1]Can we take the possesion on conditions? 

2]Can we mention the specific work in possession letter which developer has to complete  (list of work will be mentioned)? & Balance payment will be made once 100% work is over?

3]Do we have to make the possession letter on stamp paper?

 

Please advice us from your legal views.

 

 

 

 



Learning

 2 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     11 July 2017

Sir, 

 

Tell the builder to give an undertaking for completing the work with a certain period and then only take the possession. Mention clear terms if the builder fail to do that within the period as mentioned in the undertaking.... Because I beleive u have to run after the builder even after .... 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450,9911218741

 

Potnuru Rangarao   11 July 2017

The Maharashtra got has brought Real Estate Regulation Authority. Pl approach an advocate to infuse the RERA Act to take possession of the flat. The builder has to give you compensation for delay in completion of the project. P. Rangarao Advocate

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