Pulak Kumar Bhattacharya
Asked July 09, 2016

conveyance deed

  • 1 Answer

I have bought one property / flat at Bansdroni, Kolkata - financing through HDFC Ltd. All the payments have been made in February 2016. The builder is not doing the registration. After a lot of follow up, they had sent one draft copy of Deed of Conveyance through e-mail. I have found that it is widely differed than what was mentioned in the Agreement. My queries are - (1) to get the property registered; (2) the registration should not affect my basisc rights.

Answer 1

In this matter of yours, you must first of all convey your concern individually to the builder either through e-mail or through registered post and thereby keeping a copy of the same with yourself. You must specifically mention the terms and conditions under which the contract was signed and that the current terms and conditions as envisaged by them is in contravention to the aforementioned clauses of the contract.

If, the matter is acknowledged by your builder and resolved, which is most unlikely then well and good and if they do not respond to your communication then you must with the help of your lawyer issue a notice to your builder that since you are not handed over the property(flat) within the stipulated period of time and that the terms and conditions which has been so given in the deed of conveyance does not with that as was agreed upon by both the parties at the time of agreement, you are most likely to institute a suit in the Civil Court against the builder.

After giving sufficient time to reply, if the builder fails to respond or his response does not satisfy your expectation then you may file a civil suit against the said builder in the court as to agreed upon at the time of making the agreement and in the absence of such clause, you may file suit in the jurisdiction area where the said builder operates from or where the Head Office of the builder is situated.

Before filing the suit, you must keep all your documents at hand and procure all those that may be required to make an acceptable cause in front of the court.

Going by the recent judgements of the Supreme Court[1], a very heavy penalty in the form of compensation is being granted to such flat owners who were deprived of the possession of their property without any valid or reasonable grounds.

Hence, this matter of yours has a very strong case and has the capacity of getting an immediate relief from the court of relief, provided the facts are well presented supported with reliable evidences and documents.


[1] Vinay Kumar Singh & Anr. vs Unitech Hi-Tech Developers Ltd.

Agree Comment 0 Agrees almost 6 years ago

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