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Sandeep   08 September 2015

Can a builder cancel registered property mumbai

I booked a flat with Lodha in Dombivli.I have paid 80% of the amount and have asked for some more time for the rest 20%.The builder is not agreeing to give more time and has decided to cancel my property registration.

Can a Builder Cancel a registered property registered with the Sub registrar.



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 6 Replies

Adv Akhtar Ali Sheikh (Property Law Consultant)     10 September 2015

he can only do so by obtaining court decree otherwise no unless you too are willing to cancel it

adv.raghavan (Advocate,9444674980)     11 September 2015

He cannot cancel it, you have to reconvey back the property, if he does anything on the contrary it is not valid and he is inviting trouble.

Sandeep   14 September 2015

Thanks for your replies Adv Akhtar Ali and Raghavan Sir. I will need a lawyer in Dombiveli area to settle this in court as the builder is adamant to cancel my booking after this month.Please suggest a lawyer

T. Kalaiselvan, Advocate (Advocate)     17 September 2015

The unilateral decision by the builder will be violation of the terms and conditions of the sale agreement, he cannot say so, he may be drawn to the consumer court if he is not obliging or cooperating properly. 

Arunachalam AV   31 December 2015

Dear Sirs,

I look forward to your advice on the following.

I bought my villa in chennai in the month of April 2015 and got it registered with proper sale deed and it went fine. House is 90% completed and possession is confirmed by my builder in the next month Jan 2016. Now, I have seen a better villa in the same community where I bought my house and willing to swap the property. However, my builder is not ready to do a swap, as I have done the registration already and it is considered as a 2nd sale only.

I perfectly agree to his point, however I am willing to go for the other villa which is a better one for me.

Kindly suggest me whether I can do a cancellation of the registration that I did already and make it first sale for the builder to get my villa swapped with the other one? If so, will i also get my stamp duty money back from govt?

Look forward to your reply.

-Arunachalam AV

adv.raghavan (Advocate,9444674980)     02 January 2016

 Mr.Arunachalam, You cannot cancel  sale deed already executed, that is contrary to law and it has no validity. You have to re convey the property back to seller. If the seller accepts for the same, you both can work out on rate part of it and take on from there.


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