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What can i do if builder is not ready to give possession letter


10-May-2023 (In Property Law)
My flat was registered under Maharashtra Ownership Flats Act 1963 in Sept 2014 with a clause for formation of co-op society.Builder issued me a letter in Dec 2016 enclosing therewith building completion certificate dated Apr 2016 issued by the Municipal authorities. In the said letter, I was asked to pay balance sum as per terms of agreement and I had paid the same in Dec 2016. I had also paid one year maintenance as per agreement in Feb 2017. Builder has provided the keys of flat. As builder have not issued POSSESSION LETTER, I have neither shifted into the flat nor rented it out. It is kept vacant. Despite repeated requests, builder has been dilly-dallying the issue of POSSESSION LETTER for last 15 months. In Jul 2017, Builder arbitrarily registered DEED OF DECLARATION under Maharashtra Apartment Ownership Act 1970 & has been insisting that I should submit DEED OF APARTMENT. What remedy is available for me to force builder to issue possession letter ?
Answers (1)

Answer #1
902 votes
Dear Querist, It wont be appropriate to give an exact opinion without seeing all the documents/ correspondence in present case. But Still you can check whether your project is registered under RERA, if yes, then file proceedings against him for not handing over possession letter. But once he has issued Completion certificate, why you did not move in???

Please feel to contract us for any further queries.

Regards,
Rakesh V. Misar

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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