Legal Question in Construction Law in

I booked at flat in Dec 2008 at TMC in Karjat. We have already paid the stamp duty and registration of the flat. We were to get possession of the flat by Dec 2009. It was a big project which was to be completed in 2 phases. Till now they had suspended all construction work because of some issues regarding their investors. We even visited their site there is very little progress.

When we contacted the builders they said that currently they will not be focussing on the building in which we had booked our flat. They could not give a proper time frame as to when they could commence work on the same.

When we asked for a refund they suggested an alternative, which was to transfer to another flat in a building in the same complex which is undergoing construction at the moment. As we had already done the stamp duty and registration they said that all we need to do is execute a rectification deed. They said that there would be no need to redo the stamp duty and registration.

My query is whether this rectification deed will be legally binding without the stamp duty and registration. Also, if this new flat was already registered to someone else how will I know?

If there is any other legal problems that may arise kindly let me know.


Asked on 9/04/10, 10:29 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

well if you agree to change of flat, rectification deed will do the needful. However for the new flat already registered to some one else, you will have to get the same search done o Rs. 5 per year fee in the office of registrar and confirm if the flat is not already registered

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Answered on 9/04/10, 8:51 pm


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