Builder demanding maintenance charges for flat and shop for period before possession/registration
Prem Dhawan
(Querist) 13 December 2014
This query is : Resolved
Builder is demanding maintenance charges for flat and shop for the period even before possession/registration.
Shouldn't the maintenance charges become payable only after the possession (registry) of a flat (or a shop)? If they are applicable/payable even before possession then at what stage of the building completion (50%, 80%, ...) do they become payable?
Owner can't use the property till builder offers the possession so why should I be liable to pay for maintenance charges before that.
Moreover, if maintenance charges are payable even before the possession is offered then there will be bigger problem for the "owner" if the builder delays offering of the possession.
What should I do?
Thanks in advance.
Devajyoti Barman
(Expert) 13 December 2014
Owner is not responsible fro maintenance charges before the date of purchase. Date of possession has no relevance but the date of purchase has.
Rajendra K Goyal
(Expert) 14 December 2014
No maintenance charges payable before purchase date. If demanded send notice.
Advocate Bhartesh goyal
(Expert) 14 December 2014
Builder's demand for maintenance before sale deed registration is not legal and valid.Make objection.
Prem Dhawan
(Querist) 14 December 2014
Thanks for the replies.
Is date of purchase = date of registration?
or
= date of booking?
= date of first payment?
= date of >50% payment?
= date of full payment?
= date of offer for possession/registration?
Correlating the replies from different experts, I understand that its the first one (date of purchase = date of registration).
True?
ajay sethi
(Expert) 14 December 2014
date of purchase would be date when sale deed is registered .
Prem Dhawan
(Querist) 14 December 2014
Thanks a lot to the experts for the clear answers.
ajay sethi
(Expert) 14 December 2014
thanks for your appreciation
T. Kalaiselvan, Advocate
(Expert) 16 December 2014
Date of registration of the sale deed of the property will be the date of purchase, from that date onwards the owner will be liable to pay maintenance charges.
