Property documents held with AHL Bhiwadi how to proceed legally

643 votes

It would be better if you would explain what you mean by disposal of P.D. The terms of agreement for original allottee will be applicable to buyer only when they are expressly made part of the agreement with the seller ( Ashina Housing Limited) if the sale deed has not been registered. The seller can at this juncture negotiate for better terms and also change the terms if they do not suit him. Care and caution should be taken by the buyer to take the consent of the seller (Ashiana Housing) if the sale deed has not been registered.

Advocate Soayib Qureshi LawRato

676 votes

Ur query is ambiguous.?.?
Please call. Had dealt with Ashland housing Pvt. Ltd cases in past. Should be able to help u

Advocate Urfee Haider LawRato

780 votes

you need to see the new laws framed regarding agreement under the latest rera act the act says the following obligation for both buyer and seller:
AGREEMENT UNDER “RERA ACT, 2017”

 The promoter shall not make any addition and alternate in respect of the building without consent of the allottee.
 The allottee shall have exclusive ownership of the apartment/plot.
 The allottee shall also have undivided proportionate share in the common Areas.
 Allottee has the right to visit the project site.
 The allottee has seen the proposed layout plan and accepted the plan.
 The promoter agrees and understands that timely delivery of possession of the Apartment/plot to the Allottee and if, however, there completion of the project is delayed due to the force majeure conditions then the Allottee agrees that the promoter shall be entitled to extension of time of delivery of possession.
 The promoter shall offer in writing the possession of the Apartment/plot, to the Allottee in terms of this Agreement to be taken within two month from the date of issue of completion certificate (as possible).
 In case, the Allottee fails to take possession within the two months such allottee shall continue to be liable to pay maintenance charges, till the date he did not take the possession.
 The promoter shall handover the necessary documents and plans, including common Areas, to the association of allottees within 30 days.
 If the allottee cancel/withdraw his allotment without any fault of the promoter, the promoter herein is entitled to forfeit the booking amount. The Balance amount paid by the allottee shall be returned by the promoter to the allottee within 45 days of such cancellation.
 The promoter shall compensate the allottee in case of any loss caused to the allottee.
 Warranties of the promoter: There are no cases pending before any court of law or Authority with respect to said land.
 The property is not the subject matter of any HUF and that no part thereof is owned by any minor.
 In case of default the allottee can stop making further payment. If the promoter corrects the situation by completing the construction then only allottee is required to make the next payment.
 Allottee shall have the option of terminating the agreement in case of default of promoter and promoter shall be liable to refund the entire money along with interest.
 The promoter shall be responsible to provide and maintain essential services in the project till the taking over by the allottees.
 Promoter will provide the maintenance with the period of 5 year after hand-over the possession (in case of in default in the construction of building). Maintenance must be completed within 30 days.
 The allottee shall, after taking possession, responsible to maintain his part at his own cost.
 The promoter undertakes that he has no right to make additional structure after transfer of possession.
 If any notice sent to the allottee/promoter by promoter/allottee. It would be deemed to be sent, if it sent through the registered post.
 If dispute arises, it shall be settled by mutual discussion or by the adjudicating officer appointed under the Act.

Advocate Roshan Kumar Singh LawRato