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Rajesh   16 May 2026

Possession document - outstanding dues from builder

Respected Lawyers,

There’s some outstanding from the builder (redevelopment project). I am existing member. The outstanding is as per a proper Individual agreement in place between me, society and the builder

Builder wants me to sign possession document that says something like -- I confirm that builder has paid all dues and there are no outstanding dues. Now if I sign, do I lose the right to ask for the pending dues?

What should be the correct course of action by me here if I want to recover the outstanding?

Thanks



 4 Replies

P. Venu (Advocate)     16 May 2026

The posting suggests deeper issues. Is it not for the Society to certify?

Dr. J C Vashista (Advocate )     17 May 2026

Taking over possession and no dues certificate are two different subjects which cannot be clubbed togather, which you should make clear with builder.

Do you know what is dues against the builder and society ? Whether society has issued no dues to builder ? What is the opinion of other indiidual members of the project ?

Rajesh   17 May 2026

Thank you Sir(s) for your response. I think Society has no role to play because some amount is due from Builder directly to me. This is towards some corpus amount as promised in the agreement.

So let's say corpus of 2 Lakh was agreed. Now builder has paid only 1.5 L and now the possession letter says something like I agree that there are no outstanding dues from the builder.

So the question is should I sign it because does my signature on that document gives scope to builder to point out that now there are no dues, and legally weakens by claim even though the cheques desposited are only for 1.5 Lakh. Builder might fake and say I gave you cash!!

Other members have to pay some amount to builder, I don't have to, so what they are going to do is negotiate and deduct the dues from the payment they will be making to builder. That's their plan. I don't fall in that category. 

As far as my understanding goes every builder puts these lines in the possession letter. They even say that member (i.e. I ) have verified the carpet are and is satisfied and is found to be correct.

T. Kalaiselvan, Advocate (Advocate)     17 May 2026

It is very simple that the builder owes you the dues without settlement of which you may have no reason to sign the possession without any dues from the builder .

You can insist on the settlement of balance amount after which and after full satisfaction, you may proceed accordingly.


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