LawRato

Can builder take 96% payment of flat value 1.5 years before possession


19-Dec-2023 (In Civil Law)
Can the builder take 96% payment of total flat 1.5 years before possession date from the customer and leave only 4% payment of the total value to be paid at the time of possession? Is this legally allowed? I bought a flat in Thane in April 2016. Builder has already made me pay 84% of the total consideration value. Since June 2017, I have been getting demand letters for payment of more than Rs. 5 lakhs every month. Builder says they will ask for the complete consideration value within the next 3-4 months. This would leave only 4% of total value to be paid at the time of possession. As per the agreement, possession is in September 2019 which is more than 1.5 years away. My bank loan has already got over and I'm supposed to arrange the remaining from my personal finances in the next 3-4 months. Builder insists on getting the total consideration value by early next year but say that can't give possession before Sept 2019 because of internal work. Is the builder allowed to do this?
Answers (2)

Answer #1
694 votes
1. You reaponse as per your relevant agreement between you and your builder in agreement of such norms. 2. The date of handover of such possession is very mandatory or important as per your defence in civil procceedings , if any of the future didputes arose between you & your builder . 3. Amount of flat as per the jurisdiction of city such as Government value & Market value & stamp duties . 4. Surprisingly , Your bank loan has already got over . So be careful , If you are extra loan arrange out of your personal finances . 5. The builder take 96% payment of flat value 1.5 years before possession , This risk taken policy as per your choise . Trustworthy clause is very important in the said agreement between you & the builder . It is legally allowed but risk is yours .
Helpful? LawRato13+ LawRato
Answer #2
586 votes
As per your query The builder has to stick to his Agreement and he cannot go beyond what is agreed between you and the builder. check your agreement and the stages of payment. Normally 5% of entire consideration is hold on, and the same is paid to the builder at the time of taking possession of the flat. Regards
Helpful? LawRato25+ LawRato

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."