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Landlord and developer not giving documents for registration
19-Dec-2023 (In Property Law)
Heloo i am a tenant, now landlord in association with developer will construct a 2 block apartment. So Iam purchasing my tenanted position from landlord and some extra area from developer, but now I am wanting my agreement to get registered but both the landlord and developer are not agreeing on it. So only legal agreement on stamp paper will be enough. Please Suggest
No it’s not an ideal scenario ideally with the changes done by state government of West Bengal in revenue department the buyer will be safe guarded if he registers his agreement. Let’s assume that your stamp duty and registration charges will be 8% of the maket value, Now you will be paying 2% of the maket value of you flat by today’s rates and your agreement will be registered and within 4 years you can pay the remaining 6% that too at today’s rate and get your property registered... now coming back to your question what if only an agreement is made which is not registered and you leave your tenanted house... once you vacate your house legally you will have an agreement to fall back,which has no value until and unless it’s registered. What we can do is we can commission the registrar of registry office to come to your place so that he can register the agreement. All the expenses will be paid by you then I guess your landlord or developer will have no problem, talk to them first and then contact me through lawrato.
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Adv. Rahul Uday Singh
Kolkata | 200+ Answers
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Yes that is enough you can file a case before the consumer forum against your developer and landlord against those issues and you will be getting a proper relief. The court will pass the order within 1 year from the date of filling.
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Adv. Nilanjan Banik
Kolkata | 25+ Answers
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Send a legal notice to the developer and landlord to avoid litigation. Best option is to file a suit for Declaration and Injunction in civil court as a Tenant. If you have an Agreement for Sale with the developer then you will be treated as a consumer then you have another option to file a case in Consumer Forum.
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Adv. Minansu Bhadra
Kolkata | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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