Two different dates mentioned for possession what should be considered

975 votes

Dear Sir/Madam,
The Allotment letter is a legal document and is enforceable in Courts of Law. If at the time of the booking the Developer has mentioned the date of possession as March 2017 then he is bound and liable by the same, ask your Developer to incorporate the same in your Agreement for Sale before registering it. If the Agreement for Sale is registered with the time period of 3 years thereafter it will be presumed that you have voluntarily extended the date of possession and the same both the parties would be bound by it.

Advocate Mohammed Zain Khan LawRato

810 votes

Dear Querist,

If Builder is providing an earlier possession date than Agreement, then he is revising the terms of the contract and as such the revised date should prevail. However if the agreement is registered post such letter, it would in effect postphone the date so revised (depending on the terms of the agreement). Do check if the clause reads as "3 years" and not "Upto 3 years" because upto 3 years can also mean anytime from executing the agreement or from a specified date (as the case maybe) upto 3 years.
However irrespective of the date in agreement, in reality the possession may be postphoned or preponed due to business exigencies and as long as such is reasonable and acceptable to both the parties it will not be an issue. For eg. Generally the agreement entered with the construction company / developer is one sided and mostly favouring the builder however the builder will not always enforce the stringent clauses to his benefit and if at all he does so, such clauses are struck down by the Consumer Court in case of dispute. So in essence as a thumb rule what is reasonable shall prevail over that which is onerous or totally one sided.

However you need to understand that preponing the possession date might mean you have to pay the full price of the flat immediately unlike the future payment slabs stipulated in your agreement.

Advocate Abhiraaj Sanjeev Kulkarni LawRato

682 votes

If your builder has given the delivery date on his letter head which is not legal date. The date will considered which is written in registered agreement. You may ask the other owners contact numbers.

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Advocate Sarika Khude LawRato

599 votes

What stands legally will be the registered agreement. If the agreement states 3 years then it shall be for 3 years. Firslty clarify from which dare does this e yr come into calculation. If the possession can be given in the month of March 2017 then ask him why he does not wAnt to mention the same on the agreement

LawRato LawRato