Legal Question in Real Estate Law in India

Dear Sir/madam,

Good Morning

I am A. Hrishi from Maharashtra. I got your reference from Lowers Club.

I request your adivice on following

Situation : I have booked the flat from renowned builder and did registration on 1st Oct`13. Then I applied for loan in State Bank of India. SBI told me that project is not sanction in SBI. Builder told that approval is in process and it has done on 10th Dec`13. Builder has given me supporting documents on 21st Dec`13 based on that I have applied for loan in SBI. SBI raised query list for supporting documents from builder on 18th Jan`14 which was subsequently solved by to and fro documentation between builder and bank and finally file is under approval and will get sanction by 12th Mar`14.

Now, builder is threatening me for Cancellation of Sales Deed because of this delay against it is not because of my fault but processing issues between builder and Bank.

I have paid 20% amount to builder.

My question is Is builder can cancel my agreement without consent of mine and allot the flat to other customer without my agreement of Cancellation Deed?

I request your kind advice on the same.

Thanking you.

Regards,

A. Hrishi


Asked on 3/09/14, 9:48 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

11.03.2014

Dear A Hrishi,

No, the builder is not entitled to cancel your Agreement without your consent since you have followed the due compliance and verification procedure as per law.

Regards,

Read more
Answered on 3/10/14, 6:29 pm


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