Conveyance/transfer charges are to be paid by the person in whose favour the flat/property is being transferred for the actual area of the property. It applies to all buyers whether old or new.
Builder asking for conveyance
We have bought a flat in a redevelopment building. 1) Builder is asking for big land transfer charges from the new buyers, my question here is : a) Even if it mentioned about buyer paying conveyance in the agreement is it legal for him to charge us this. b) He is only planning to charge the new buyers and not the existing ones, I believe it should be divided equally and the builder should pay for the existing flat owners, kindly clarify. c) He says without paying these land transfer charges, OC is not being given by the corporation, is this true. How can we get the possession of the flat in the best possible way, how can we tackle this builder.
Asked 10 years ago in Property Law
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7 Answers
Thanks a ton Mr S.P Srivastava for your guidance. Let me re-phrase the words "old buyer", I actually mean the earlier tenants who have been given flats after re-development without any cost, they need to pay the transfer charges too ? Also can OC be obtained without paying transfer charges first ? Thanks Again
Asked 10 years ago
1) terms of your agreement are sacrosant . please read terms of your agreement . if under said agreement you are liable to pay conveyance charges then builder is within his rights to demand the same .
2) you can file Rti application with BMC to find out why OC has not yet been issued
Thanks Ajay , My one question which remains un-answered is : The earlier tenants who have been given flats after re-development without any cost, they need to pay the transfer charges too , am I correct, what does the law say about this. It's nice interacting with experts like you on this forum.
Asked 10 years ago
thanks for your appreciation . the earlier flat owners wont have to pay any such charges . the terms of agreement signed between builders and flat owners for redevelopment of building premises would contain such a clause .
I have same view as of Mr. Ajay Sethi.
The agreement says buyers have to pay the conveyance proportionately , it does not mention it is to be Only divided among the new buyers, In this case where do I stand ?
Asked 10 years ago
please contact a local lawyer . the agreement signed with builder has to be vetted by lawyer to know your legal position . if conveyance charges have to be paid proportionately then ask builder for details of charges and how it is being recovered as per the agreement
send copy of agreement for examination only thereafter proper answer could be given as it is matter of interpretation of terms of the agreement. Or talk on phone.
Thanks for your expert advice, you people make this website rocking :)
Asked 10 years ago
thanks for your appreciation