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Builder asking for full payment for flat registration


19-Feb-2023 (In Property Law)

I have booked two BHK flat on Pune suburb (Undri- Pisoli) in August 2012 with completion by Dec. 13. As I want to resell after completion, I have not done registration. Till date I have done almost 90% of flat payment. Still work like fixing of one lift, STP, etc is balance. Some families started leaving from Nov 15. Now due to some personal reasons I wanted to do the registration & agreement. When I asked for the required documents, registration charges builder refused to give till the payment of balance payment. Is builder can do such thing? What should I do? Please Help..

Answers (3)

Answer #1
792 votes
If the promoter/builder/developer intends to take any advance payment from the purchaser against the flat/premises then the developer shall not take an advance payment more then 20% of the agreement value for the said flat before entering in to agreement. The promoter/builder/developer is liable to register the said agreement under section 4 of Maharashtra Ownership of Flats Acts.
Further in your case you need to send a legal notice to the said developer.
Advocate Chetan Rajendra Nagare

Adv. Chetan Rajendra Nagare

LawRato Pune | 25+ Answers
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Answer #2
559 votes
Builder cannot forced you to do so. Asked him to get the Sale Deed registered in your name. Question pertaining to balance payment, you may provide a Post Dated Cross Cheque to him or of date of the registration at the time of registering the Sale Deed. You directly say to builder the cheque for balance payment is ready and you will handover the same to him at the time of Registration and get the registration done.
Advocate Sourabh A Saxena

Adv. Sourabh A Saxena

LawRatoMumbai | 25+ Answers
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Answer #3
852 votes
After 90% of payment as you say have been done the builder/promoter has become bound by the MOFA to get the document registered and provide a payment schedule for the balance payment. You can Approach him through an Advocate Notice and if he refuses then you can also approach the consumer forum with a complaint against the builder.
Advocate Chintan Thakker

Adv. Chintan Thakker

LawRatoMumbai | 25+ Answers
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- Legal Action Against Builder For Delay in Possession

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