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Owner not cooperating for transfer of flat
31-Mar-2023 (In Property Law)
Bought a flat through power of attorney as it is MMRDA property and there was a 10 year lock in on this flat but seller sold to me after 6 years. Both signed an agreement for sale not registered. He agreed to be present for the transfer once 10 years get completed and hence the entire amount of 21 lakhs was paid.
Now he is not agreeing to come for the transfer of property and is demanding more 5 lakhs.
What are my best options to resolve this issue? What is the mmrda flat transfer procedure? Can I claim for a refund as I have paid for the flat, renovation costs and maintenance for 6 years.
If you want to claim refund, you have to contest this matter into court. Chances are that, you will lose your Property. As Court only allows that party to come before it which has clean hands. You have already commited an Illegal Act for which you have no excuse. With this Illegality appearing on surface and can be seen from naked eye, how can you go to Court to claim refund!
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Adv. Pankaj Bajaj
Mumbai | 500+ Answers
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according to me, you should go for specific performance of contract. go and consult with lawyer and you may file suit against owner before the court. we will jav yeto see all minute details of your contract. but as I understood you may get executed sale deed without paying extra charges.
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Adv. Jitendra Wagh Patil
Aurangabad, Maharashtra | 25+ Answers
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Specific performance is the ideal recourse where you call upon him to remain available for registration of the sale deed/deed of confirmation. And in the alternative, to pay to you the sum advanced by you + renovation costs + maintenance costs for 6 years alongwith interest calculated thereon.
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Adv. Rishikesh Gherade
Mumbai | 100+ Answers
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Listen to this MHADA procedure for room transfer. Ask the owner of the property to show you the legal allotment that was provided by the MHADA officials at the time the apartment was allotted. Check the water and electricity meters. Make a contract of sale in your name, and pay stamp duty and registration fees.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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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