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Builder asking for transfer fee when i went to get house registered
23-Nov-2023 (In Property Law)
I booked a flat 6 years ago which is completed 85 percentage of work till date. Now I want to sell it when I approached builder for my registration he is not ready for registration and on top of it he is asking that I need to give him in writing that I will pay Rs 200 per square feet to him whenever I sell it to someone.
Dear Friend,
The fact that you have got allotment letter would mean that you have just booked the flat and probably the agreement to sell has been enterd into with an MOU.
If this be the case the Builder will have to enter into a Registered Sale Agreement with Y to whom X has 'sold' the flat alloted to him for a monetary consideration.
Since it is a new agreement minor changes may be incorporated based on the understanding between the the builder and the new purchaser.
However the builder can not make any substantial changes in the allotment as you have agreed to transfer your allotment and the builder ought to honour the original allotmnt to you(X).
In fact it would have been wise to keep the builder in the loop and make the transaction with his approval.
The fact that you have got allotment letter would mean that you have just booked the flat and probably the agreement to sell has been enterd into with an MOU.
If this be the case the Builder will have to enter into a Registered Sale Agreement with Y to whom X has 'sold' the flat alloted to him for a monetary consideration.
Since it is a new agreement minor changes may be incorporated based on the understanding between the the builder and the new purchaser.
However the builder can not make any substantial changes in the allotment as you have agreed to transfer your allotment and the builder ought to honour the original allotmnt to you(X).
In fact it would have been wise to keep the builder in the loop and make the transaction with his approval.
Helpful?
Adv. Shashank Choudhary
Navi Mumbai | 25+ Answers
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you may file suit for specific performance in civil court to purchase the flat builder is legally bound to complete the building within 2 years from the date of commencement certificate and obtain completion certificate. in your query you didn't mention whether you make registered agreement with builder
Helpful?
Adv. Sandeep Raghunath Jadhav
Nashik | 25+ Answers
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