Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
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jigar panchal   21 February 2018

Can builder refuse to do sale deed after all payment done by the buyer

Respected Sir,

I have purchased my Bunglows scheme situated at vadodara, gujarat from developer in March, 2016. I have paid all the amount for property, service tax, development charges, stamp duty, document charges and lifetime maintenance charges to developer in Nov-2017. For this property i have sold all gold jewellery and borrow some money from relatives also to have loan free property. Though he is late to completing this project as committed, steel we support him in all manner to get our property completed. After many request he has give possession and allow staying in our property in jan-2018, and committed for provide sale deed within 10 days, but after many wrong commitments in last four months now he is asking for extra money without any justification for sale deed. Now he is threatening me and my family, and not ready to give sale-deed, in this case he is showing very strong background, upfront he is challenging that he will not provide any sale deed and escape us from this property. We are simple serviceman; please help us to get my sale deed we don’t want any other issues as we are not able to fight with this contumacious person. We are fearful of this kind of contumacious builder and his threatening calls, we cannot sleep in our home, and we are feeling very stressful after dealing with contumacious builder. Sir, I have some financial plan based on this property, due to this sale deed i am not able to do anything according to my plan and therefore i have been stressed.

i have all original payment reciepts, banakhat,construction agreement, allotment letter.

based on above mentioed documents, can i appile in consumer court for sale deed.?

 Please help me as soon as possible to come out from this issues. Proper and legal way to resolve this matter.

 



Learning

 4 Replies

R.Ramachandran (Advocate)     21 February 2018

Please approach a local lawyer well versed in property law. Show all the documents with you, discuss the matter and then take appropriate action to get the Sale Deed registered by him.

1 Like

R.K Nanda (Advocate)     21 February 2018

send legal notice to builder to execute sale deed in ur favour in 2 months time failing which file suit for specific performance in court against builder.
1 Like

Advocate Bhartesh goyal (advocate)     21 February 2018

Yes,you have to first send notice to seller and if he does not comply with notice then file suit for specific performance of contract against him.

Kumar Doab (FIN)     21 February 2018

You can benefit from the above advices...


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