Builder asking to sign undertaking against the sale deed
Querist :
Anonymous
(Querist) 16 December 2023
This query is : Resolved
I had booked a flat in under-construction building under MAHA RERA in 2018.The flat should be ready by December 20.Builder has taken extension 3 times to complete the project in 2023. Now he obtained OC (Partial) from concerned authority and asking flat owners to sign undertaking which is against the sale deed.He also asking society formation charges 50000 in cash without valid receipt.Please guide me.
A builder is requesting flat owners to sign an undertaking that contradicts the sale deed, and demanding a significant cash payment for society formation without a receipt. This is happening after multiple project delays and obtaining partial OC. It is advised to refuse the undertaking, as the builder must execute a registered sale deed upon possession. Complaints can be lodged with MAHA RERA, and legal action in the Consumer Forum is also an option.
kavksatyanarayana
(Expert) 16 December 2023
No. Rs.50000/- charges are very high. You should complain to the authorities of MAHA RERA and all the owners shall file a case against the builder in Consumer Forum.
T. Kalaiselvan, Advocate
(Expert) 17 December 2023
You can refuse to accept the demands made by the builder and not to give any undertaking in lieu of the sale deed. He has to execute a registered sale deed while handing over possession of the property if he has already obtained OC to the property. You can lodge a complaint with the RERA if the builder is arrogant and not completing the formalities as per the conditions.
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