Legal Question in Real Estate Law in India

pocession letter from builder

sir, I have purchased a flat on 4th flr in Nerul at Navi Mumbai on 20dec07,got it reg & also pd stamp duty, I had minus 1 lac made full balance payment to the builder at that time & pd bal amt in cash(got reciept) on taking pocession on apr 08 with his permission,He has still not given the pocession lttr & compleated all balance pending work which he had promised to compleate in 3 months time(we only got water conn oct 08,electric meter on Apr09,lift started on may 09) due to which we had to climb 4 fls, buy drinking water every day & I have not paid him maintenence chgs till date because there are many work still to be completed like repair of lift, stop leakage from terrece & external walls,starting of lift etc. He still has to give inverter,build roof over my corner terrece & also rectify damage to my flat due to leakage & seepage during last monsoon which he promised and also paint my flat after rains, for which I got letter duely signed by him, & inspite of repeated remainder he has still not done any thing, Now he is demanding bal dues to give my pocession lttr & complete all balance work. what course of action can I take aginst him? pls advice. Thanks


Asked on 6/06/09, 3:19 am

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: pocession letter from builder

You may want to pursue your remedies in the local courts; it may be better to engage an Advocate who may be well versed with the local laws of your State.

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Answered on 6/06/09, 12:46 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: pocession letter from builder

If builder is asking for proportionate share of common expenses, you have to pay the same.

However, in view of past experience of builder in not keeping his words, have a properly Supplemental Agreement made with the help of your lawyer and have the same registered also.

In this Supplemental Agreement you can record delivery of possession of flat as also various pending matters to be complied with by the builder and annex copy of Index-II of your main agreement and occupation certificate issued by municipal authorities.

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Answered on 6/06/09, 5:26 am


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