Sample Letter to Builder for Delay in Handing Over the Possession


    What is Sample Letter to Builder for Delay in Handing Over the Possession?

    Usually, a builder-buyer agreement is signed between a builder and a buyer, whenever a person invests in an immovable property. The stipulated time within which the property/possession has to be handed over to the buyer is stated in this agreement. When the possession is not transferred or delivered by the builder to the buyer within the stipulated time (in some cases, even after the extension period), it is a delay in delivery by the buyer. However, the liability of the builder arises only when the delay is due to his own fault. If the delay is due to any calamity, or situation which is beyond the control of humans, the buyer would not succeed in an action against the builder.

    Although, the law has provided some remedies to ensure that the aggrieved buyers get justice and do not easily get duped by the faulty builders. There are certain preliminary steps that can be taken to demand possession from the builder and one such step is sending a letter to the builder for the delay in transferring possession.

    Why is it required?

    Before taking any action against the builder for delay in handing over the possession, it is always advisable to send a letter to the builder giving him adequate time to respond. Once the letter is sent, the builder might speed up the process to take necessary actions, thereby saving you a lot of time and money.

    What should it cover?

    The letter to the builder must contain the name, address and contact details of the buyer. It should clearly mention how your rights have been infringed due to the delay caused by the builder in handing over the possession and the relief that you seek from the builder (such as handing over the possession of the property at the earliest or compensation along with possession). The letter should also contain a direction of the relief sought and the time limit for the completion of such relief. The buyer shall also make an implication about any legal actions that can be taken if the builder is not able to deliver the possession of the property within the stipulated time. 

    Apart from the above, the following should also be included:

    1. Name, description and place of residence/office of the builder

    2. Name, description and place of residence/office of the sender of the notice,

    3. Details of the cause of action,

    4. Relief claimed,

    5. Legal basis for the relief claimed,

    6. Date of sending of the Notice, and

    7. Letterhead of Advocate; name address, signature and contact details of the Advocate (in case of a legal notice).

    Documents Required

    No specific documents are required in order to draft and execute a letter to builder for delay in possession . However, ID proofs of the sender in order to confirm the name and permanent address of the sender should be scrutinised. Other than the above, brochures of the builder if available, money receipts or any other documents which can prove that the payment was made by you to the builder could be necessary. 

    Procedure

    No set procedure is applicable in the making of a letter to the builder for delay in possession. However, all the facts regarding the builder buyer agreement should be discussed with the lawyer drafting the said letter or notice. Once the letter or notice is drafted it should be examined by the sender. It should then be sent to the builder/developer. If no action is taken or no repayment is done by the builder/developer within the number of days mentioned in the letter or notice, you can directly approach the court and file a case without any further communication with the builder/developer.

    How can a lawyer help?

    Since, a notice to the builder for delay in possession is the first step towards litigation, it is highly recommended that you hire a property / real estate lawyer. A lawyer has the requisite expertise and knowledge to draft such legal notices or letters. He/she will be able to accumulate important information for the client and draft the notice/letter accordingly. He/she will ensure that you are on the right path in attaining justice. A lawyer can manage all legal paperwork effectively. Therefore, hiring an expert property/real estate lawyer is of prime importance in order to ensure that your letter/notice is sent correctly, keeping in mind the possible litigation that may ensue. 

  • Disclaimer: The information contained in the sample document is general legal information and should not be construed as legal advice to be applied to any specific factual situation. Any use of the Site or document format DOES NOT create or constitute a solicitor-client relationship between LawRato or any employee of or other person associated with LawRato and a user of the Site. The information or use of documents on the Site is not a substitute for the advice of a lawyer.

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