ISSUE OF ALOTTMENT LETER WITHOUT WBHIRA REGISTRATION.
2 years ago
A Promoter issued me a alottmetment letter on 28.09.2019 without HIRA number. After paying 20% of consideration he want to execute a MOU instead of Sale Aggrement. According to WBHIRA Act no promoter shoul advertise, offer or sale any property without HIRA Registration. So I want my money back. The Honourable Supereme Court has declared WBHIRA Act null and void. So my question is can I file a complaint under WBHIRA Act of I have to file complaint under RERA act. Please advice.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
You can't file a suit according to WBHIRA Act anymore as that is void and unconstitutional. You can contact a lawyer and brief the facts of your case for legal advice.
Please rate my answer if helpful
Thank You
You can't file a suit according to WBHIRA Act anymore as that is void and unconstitutional. You can contact a lawyer and brief the facts of your case for legal advice.
Please rate my answer if helpful
Thank You
Helpful
Helpful
Share
A.Hi,
Since the Apex court has ruled WBHIRA Act as null and void, you can't file a case according to any of the provisions of the said act. Please contact a lawyer and brief the facts of your case for legal advice.
Please rate my answer
Thank You
Since the Apex court has ruled WBHIRA Act as null and void, you can't file a case according to any of the provisions of the said act. Please contact a lawyer and brief the facts of your case for legal advice.
Please rate my answer
Thank You
Helpful
Helpful
Share
Tanmoy Chattopadhyay
Responded 2 years ago
A.Subject to the actual clauses of the act (HIRA) I want to know how allotment can be given before sale agreement. Be that as it may I want to inform you that notwithstanding the reading down of the WBHIRA any statutory violation committed under the earstwhile states can be legally prosecuted and therefore your complain has to be based on the basis of the HIRA.
Helpful
Helpful
Share
Read Related Answers
House registry in Haryana
Dear Client,
In the absence of the original Seller and the original Buyer, a rectification deed or supplementary deed to rectify the error in the Schedule of Property of the original deed cannot be ma...
LTCG ON SALE OF PROPERTY
Dear sir,
Section 8 of Hindu Succession Act:
====================================================================
General rules of succession in the case of males.―The property of a male Hindu dyin...
Relinquishment deed signing by sister
Dear sir,
Yes if your wife signs relinquishment deed then she will loose her share. The other party can sell the entire property. Stamp duty etc. depends upon state government rule please check sub re...
Apartment issue
Dear Client,
If there exists a registered Society in the housing complex, then you should bring the matter to the notice of the concerned Society. In case the matter is not resolved or no society exis...
Formalities to be done by landlords regarding tenants in Ghaziabad UP
Dear Client,
Few metropolitan cities across the country have made police verification of tenants with local police stations mandatory for the landlord. Cities like Delhi, Bangalore, and Kolkata are a...
Read Blogs on Property
Property Lawyers
Find Lawyers by Location
