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Buying a flat from builder which has been allocated to the landowner
20-May-2025 (In Property Law)
Hello, I am about to purchase a flat in durgapur near bidhannagar. After a lot of searching, I finally liked the flat unit which was allocated to the land owner. The entire transaction is facilated by the builder. I have paid the booking amount and have now received the agreement for sale.
One thing that caught my mind wast the timeliness of possession paragraph. It mentioned 42 months instead of the actual possession date the builder verbally confirmed during sales.
What can I do now?
It is crucial that the possession date in the agreement reflects what was verbally promised. Verbal assurances hold little legal value. You should immediately request a written clarification or amendment from the builder. If the builder refuses, send a legal notice highlighting the discrepancy. If unresolved, you can file a complaint with RERA under the West Bengal RERA jurisdiction. Do not proceed without rectifying the agreement, as future claims will be bound by what's written, not what was said. for further discussion kindly contact me.
Helpful?
Adv. Pallavi Saha
Barrackpore | 50+ Answers
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The discrepancy between the verbally confirmed possession date and the 42-month timeline stated in your Agreement for Sale. This situation is concerning, but there are several steps you can take to address it, before that we have to go through over the Agreement to Sale Deed and the clauses mentioned in that agreement. Try to serve a copy of that agreement via WhatsApp so that I can go through with your file. Than I cam explain you in this situation what steps you should take.
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Adv. Pijush Roy
Siliguri | 50+ Answers
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if the builder has verbally confirmed one date, then it must be mentioned in the agreement. there cannot be any other thing. if you are purchasing from landowner's allocation then make sure that the builder has delivered the possession to the land owners (check possession letter). Do get the development agreement and development power of attorney checked. Meticulously check eacha and every clause regarding handing over possession to the land owners itself. secondly, the possession of the flat shall be given by the landowner to you and not by the builder.
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Adv. Ritam Banerjee
Barasat | 50+ Answers
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