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ENDORSMENT/TRANSFER OF UNDER CONSTRUCTION FLAT IN SECOND SALE ENDORSMENT/TRANSFER OF UNDER CONSTRUCTION FLAT IN SECOND SALE

3 years ago

I bought a under construction flat in resale from first allotee in year 2014 and cleared all liabilities of first allotee. The flat was booked by first allotee in year 2012 and first builder Buyer agreement was executed in year 2012.

The builder instead of endorsing/transferring the flat in my name, executed a new Builder Buyer Agreement w.e.f year 2014 with a new possession date. Builder has issued all the money receipts in my name since 2012.
The flat possession has yet not been handed over till December 2020. Under what rule can I ask builder to execute Builder Buyer Agreement in my name w.e.f year 2012 instead of year 2014? Kindly cite relevant judgements/rules.

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
You can check the sale deed as per the Rera norms, the Builder-buyer agreement has to be as per RERA norms and the project has to be registered with RERA.
Section 11 (4) of RERA highlights the importance of the Builder-buyer agreement.
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Anik

Responded 3 years ago

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A.Hi,
Two things that both the parties now have to ensure are that the Builder-buyer agreement has to be as per RERA norms and the project has to be registered with RERA.
Section 11 (4) of RERA highlights the importance of the Builder-buyer agreement.
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