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ENDORSMENT/TRANSFER OF UNDER CONSTRUCTION FLAT IN SECOND SALE


06-Dec-2023 (In Property Law)
I bought an under-construction flat in resale from the first allottee in the year 2014 and cleared all liabilities of the first allottee. The flat was booked by the first allottee in the year 2012 and the first builder Buyer agreement was executed in the year 2012. The builder instead of endorsing/transferring the flat in my name, executed a new Builder Buyer Agreement w.e.f year 2014 with a new possession date. The builder has issued all the money receipts in my name since 2012. The flat possession has yet not been handed over till December 2020. Under what rule can I ask the builder to execute the Builder Buyer Agreement in my name w.e.f the year 2012 instead of the year 2014? Kindly cite relevant judgments/rules.
Answers (1)

Answer #1
674 votes
your case is more of rule of prudence and common sense than of citing rule of law or judgment/ rules. the builder it seems has carried out an unfair transaction with you, with respect to which case laws pertaining to the principle of a buyer stepping into the shoes of a seller have to be looked at, more specifically, cases dealing with the principle of assignment of rights, and not just be confined to cases pertaining to BBA. regarding citing of cases, detailed facts of your case have to be looked into instead of mechanically citing cases.
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