Legal Question in Real Estate Law in India

B had purchased shop on resale from A in July 1976. and paid balance 10% payment to the builder.  A had executed flat buyer agreement with builder dated 12.02.1973 and B agreed to abide by the terms and conditions of the flat buyer’s agreement referred to above and accept the rights and liabilities there under.Builder approved the above.  

In the above agreement dated 12.02.1973, its clause 6 stated that flat buyer

agreement will be executed in company standard form.

Clause 12 of the above flat buyer agreement dated 12.02.1973 states that-

The conveyance of the building will be executed in the name of of limited

company or body corporate/co-operative society to be decided by the Promoter ---------

The builder handed over possession to B with possession letter dated

19.08.1982 stating that the possession was given to B in dec 1978 & also

stated that B had paid the builder full consideration for the shop and the

shop is owned by B

I do not have flat buyer agreement. Now I think my matter will come

under sec 53A of T.P. act. I think sale deed cannot be made as it is DDA

lease hold property.

Now I want to approach the builder and ask him to sign the flat buyer

agreement which will have to be registered now.

1. From which period time will began to run (period of limitation) against

   Me(B) for signing the purchase agreement with builder as I want to ask

the builder to sign the purchase agreement now.

2. Kindly inform under which article of limitation act/contract act it will

   come.

3. I may need shop buyer agreement for apartment deed and making it

   freehold under Delhi apartment ownership act

4.Your comments on sec 4 & 6 of The Delhi apartment ownership act.

5. I am in possession of my shop.

6.Will my matter come under article 113 of The limitation act.

7.Is there remedy if builder refuses to sign now after so many years.

1 Answer from Attorneys

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