transfer of property when society is not formed

Ajjay (Querist) 08 November 2009 This query is : Resolved
I have a flat in a buliding where the society is not yet formed.

I want to sell the flat, But the builder in demanding Rs. 5Lacs for transfering the flat on the new owner's name.

What does the law says? Need help

Regards
Ajjay

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Raj Kumar Makkad (Expert) 08 November 2009
The builder cannot make demand of such huge amount. I suggest make full payment agreement with the buyer and after obtaining all the amount from him, handover him possession of the flat and thereafter either wait for formation of society or file a consumer complaint.

RASIK DAGLI (Expert) 09 November 2009
It is not clear from your question whether sale deed is made in your favour. If, yes, than you can transfer the flat directly to the purchaser by executing a sale deed in his favour. The builder can at the most ask for transfer fees and same will be given to the society when formed. The builder has no right to ask for such a large amount.
RASIK DAGLI
Advocate.

Ajjay (Querist) 10 November 2009
The sale deed is in my name(stamp duty & registration is in my name)But I want to know that before a society is formed, whether the builder has any right to ask for any transfer fees. If yes, then what is the maximum amount the builder can ask for.

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