Selling a flat in blgd where society is not formed
Ajjay
(Querist) 24 November 2009
This query is : Resolved
Dear All
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 transferring the flat on the new owner's name.
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.
What does the law says? Need help
Regards
Ajjay
Raj Kumar Makkad
(Expert) 24 November 2009
It depends upon the terms and conditions the builder and the individual allotte/buyer of the flats situated in that building. The amount cannot be unreasonable as seems in your case. law of natural justice is to be complied by all. If you feel any grouse, move to the consumer forum after serving the builder a legal notice through your counsel.
Devajyoti Barman
(Expert) 24 November 2009
If you have purchased the said flat through a duly executed and registered deed of sale, then the builder has become ceased of any right, title and interest in the said flat.It has nothing to do as to whether any society has been formed or not. You can very well sell the said flat to any person you want and in that circumstances you would not require any type of builder's consent in it.
adv. rajeev ( rajoo )
(Expert) 25 November 2009
When there is regd., sale deed in your name, you are the absolute owner of the building, no need to pay anything to builder.
