Thanks to the ever-growing generosity of our members - Legal_Guy; has agreed to answer the legal queries from IREF community. If you have any questions that you want to ask him - please post in the Indian Propety Laws forum OR tag him by adding an ''at the rate of symbol" before his username, and ';' after his username.

Thank you Mr Legal Expert!

Needless to say, no nature of solicitations via PMB will be tolerated.
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  • Originally Posted by TiWi
    Thanks to the ever-growing generosity of our members - Legal_Guy; has agreed to answer the legal queries from IREF community. If you have any questions that you want to ask him - please post in the Indian Propety Laws forum OR tag him by adding an ''at the rate of symbol" before his username, and ';' after his username.

    Thank you Mr Legal Expert!

    Needless to say, no nature of solicitations via PMB will be tolerated.


    Legal_Guy; has already started answering queries here, here, even here and here :)
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  • Legal_Guy;

    I purchased a 3bhk flat all inclusive for 45 lacs in ATS- Allure yesterday on Yamuna Express way.


      Will DEW be liveable by 2018 at the time I get possession as I have no other option?
      Will the airport see light at the end of the tunnel?


      Thank you for your time.

      Thank you for your time.

      Thank you for your time.

      Thank you for your time.

      Thank you for your time.
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  • Misuse of New DP by builder

    Legal_Guy; We are a group of buyers who have purchased a flat from a renowned builder in mumbai in prelaunch

    • The project was pre-launched in Jan 2014. Saw an overwhelming response with over 450 booking in 2 days of pre launch.
    • Project was marketed as a premium project during the pre launch stage and the plans was to construct approx. 1250 flats on a 16 acre parcel of lands. Construction was scheduled to start within 6 months (i.e. June/July 2014) and possession was to be handed over by the end of 2017.
    • After significant delays, projects was officially launched in Jan 2015 with all approvals as per the existing development plans to construct 1322 flats in the projects. The project has around 800+ booking till date.
    • With Govt of Maharashtra proposing the New development plans and the probability of the project getting an FSI of 5 in the proposed DP plans, the builder smelled blood and due to sheer greed of doubling his profits, he now plans to construct 2700+ flats in the same parcel of lands as against 1322 flats approved as per the earlier plans.
    • The proposed DP has not been finalized and obtaining approval in the new plans will take time. Hence the project is struck, due to the sheer greed of the builder.
    • The buyers are being fooled that construction has already started on the projects in the disguise of constructing few towers under the old DP. Remaining towers will be built as per the new DP and revised project completion date as per the allotment letter issued by the builder itself is end of 2019 (from 2017 earlier) subject to approval of new DP.
    • There is also an ongoing litigation with the employees of the company whose land builder have acquired this company to construct the projects. Due to agitation, construction of few towers are on hold.
    • Buyers who are aggrieved by the builder’s plans to construct double nos. of flats in the same parcel of lands (2700+ flats, as against 1322 as per the existing approved plans) have requested for cancellations. The builder is delaying the return of money, and if at all has to do, plan to refund the money after deducting cancellation charges of 5% along with related taxes thereon.


    Is their any way we can claim refund from the builder along with interest for cancellation of our booking, since we are cancelling only due to builder increasing the density of population in the project and now plans to construct 2700 flats instead of 1332 as approved earlier.

    Pl let us know.
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  • I think you are talking about Runwal Forest in Kanjur Marg Mumbai..
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  • Sir Legal_Guy;

    My query is as under-

    I am fighting a case with a builder in Sector-119, Noida. In my petition I had mentioned that builder has not given possession to me so delayed interest should be paid. However, builder has submitted some letters offering possession to buyers. As per my information based on indianrealestate forum builder cannot give possession without OC.
    As suggested by lawyer we have to submit specific relevant provisions/rules/regulations under which builder cannot give possession without OC. Though lawyer is working on it, I request to please help me and give me specific reference of rules/regulations/provisions which restrict possession without OC. I request you to please do not ask me about details or divert my topic.

    I again repeat that I need help only regarding the specific reference of rules/regulations/provisions which restrict possession without OC. I would be highly obliged to those who help my out only by replying specific to my query.
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  • Originally Posted by Manoj Chawla
    Sir

    My query is as under-

    I am fighting a case with a builder in Sector-119, Noida. In my petition I had mentioned that builder has not given possession to me so delayed interest should be paid. However, builder has submitted some letters offering possession to buyers. As per my information based on indianrealestate forum builder cannot give possession without OC.
    As suggested by lawyer we have to submit specific relevant provisions/rules/regulations under which builder cannot give possession without OC. Though lawyer is working on it, I request to please help me and give me specific reference of rules/regulations/provisions which restrict possession without OC. I request you to please do not ask me about details or divert my topic.

    I again repeat that I need help only regarding the specific reference of rules/regulations/provisions which restrict possession without OC. I would be highly obliged to those who help my out only by replying specific to my query.

    Please also give Supreme Court order references.
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  • Originally Posted by TiWi
    Thanks to the ever-growing generosity of our members - Legal_Guy; has agreed to answer the legal queries from IREF community. If you have any questions that you want to ask him - please post in the Indian Propety Laws forum OR tag him by adding an ''at the rate of symbol" before his username, and ';' after his username.

    Thank you Mr Legal Expert!

    Needless to say, no nature of solicitations via PMB will be tolerated.
    Legal_Guy;

    Hi

    My query is related to payment schedule for appartmant I have bought in Gurgaon.
    My flat is at 2nd floor and the tower has progressed till 10th floor and there are around 30 floors. I have made 50% payment as per construction link plan. Few days agoe I got a demand mentioning construction stage as completion of Brick work.
    If i go to the sequence of payment, brick work completion appears at 14th in sequence and I have made payment till 8th in the sequence.
    Is is legal for builder to complete brick work of 2nd floor unit and raise demand for payment. A per my logical thinking, the payment schedule has to be as per tower complation stage and not individual unit stage.
    Seniors kindly suggest and give your opinion.
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  • Legal_Guy;,waiting for the reply.
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  • Society Charges

    Legal_Guy;
    Dear Sir/Mam,
    I Purchased Shop from Builder in 2011 however Building was formed in 2001 and society formed in 2002. Society Charged me with 20000 Transfer fees but this transfer fee wasn't charged for other shop owners who purchased it after i did. So Should i file a legal case regarding refund for this please tell me.
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  • @Legal_Guy

    I am fighting a case with a builder at Noida. In my petition I had mentioned that builder has not given possession to me so delayed interest should be paid. However, builder has submitted in his reply to court that due to NGT order the construction was stopped for long duration (duration not submitted). As per my information based on indianrealestate forum no construction was stopped.

    As suggested by lawyer we have to submit specific relevant provisions/references/NGT/court orders under which builder was not asked to stop construction. Though lawyer is working on it, I request to please help me and share with me specific such reference/documents of rules/regulations/provisions which can prove that NGT order did not stop construction.
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  • Construction Guarantee

    Hello,
    I recently opted out of a project due to the recent earthquake this year.. I was wondering just in case with all these high rises coming up and trending soo much.. is there any guarantee by the builder or the govt. to ensure we are protected ( financially ).
    Not everyone sends 1.2 crores of hard earned money to see it brought down to dust..

    Does it need to be insured ? Do the builder help out in any manner ? The land however is in their name but since its not a plot but an apartment hence the only ownership we have is of the house and nothing else...

    Kindly enlighten on the concern...
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  • Failed to Submit Notice of Intimation within 30 days

    Dear @Legal_Guy

    I got my MOD signed with SBI for a loan of 3050000 on 1st August 2015. I paid 1000 online and took 300 Rs to submit at the registrar office (Thane-5). I tried to submit all the documents on 28th August but was turned away saying some data entry too has to be done online. I tried to search a hundred different places for it and was able to get it done.
    But I missed the date of submission for the Notice as 30 days had now passed.
    Now the Sub-Registrar is not accepting my documents and is asking to pay 1% fine which comes to Rs. 30500. This is too huge an amount to be paid for such a small thing.

    SBI is refusing to redo the MOD with new dates and I am willing to pay the 0.2% that is required for the Challan and the Franking.

    Please advice on what steps to take next. Your help would be really highly appreciated as I am really at ends on how to get a solution to this problem.
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  • @Legal_Guy
    Another information. Not a single rupee has been disbursed by SBI yet. Maybe this helps?

    Originally Posted by imdeep3
    Dear @Legal_Guy

    I got my MOD signed with SBI for a loan of 3050000 on 1st August 2015. I paid 1000 online and took 300 Rs to submit at the registrar office (Thane-5). I tried to submit all the documents on 28th August but was turned away saying some data entry too has to be done online. I tried to search a hundred different places for it and was able to get it done.
    But I missed the date of submission for the Notice as 30 days had now passed.
    Now the Sub-Registrar is not accepting my documents and is asking to pay 1% fine which comes to Rs. 30500. This is too huge an amount to be paid for such a small thing.

    SBI is refusing to redo the MOD with new dates and I am willing to pay the 0.2% that is required for the Challan and the Franking.

    Please advice on what steps to take next. Your help would be really highly appreciated as I am really at ends on how to get a solution to this problem.
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  • Hi,
    I booked flat in pre-launch with booking amount of 1 lac. Due to garbage depo nearby I am cancelling the booking. But builder is saying 50K as penalty. Penalty of 50K was mentioned in booking form. Can I still take some action to get my total 1 lac amount ?
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  • Legal_Guy; can you help in this ?
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