Refuse to sign agreement with said clause
if builder refuses to delete said clause cancel your booking and seek refund of your money paid by you
if builder refuses to refund approach RERA for necessary reliefs
Incorporation of Input credit tax in sale deed
How a builder put a clause related to ITC in sale Deed ?? Builder is forcing to sign the said Deed for Registration . In that Clause ,it is written that I should not claim any ITC refund in future, though my investigation is on process under NAA. Please clarify Thanks
Asked 3 years ago in Property Law
Religion: Hindu
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8 Answers
I have already paid EMI for last 3 years How can I cancel my booking with a huge loss?? Is there any other options to create pressure on builder? How can I complain in RERA b
Asked 3 years ago
Issue legal notice to builder to delete said clause
if builder refuses file complaint against builder before consumer forum and seek orders to direct builder to execute registered sale deed in your favour and to delete said clause prejudicial to your interests
Dear Sir/Madam,
1. You may issue a legal notice to the builder.
2. You may file an online complaint in RERA now due to the pandemic.
3. Depends entirely on the sale agreement. Please look into whether any specific clause deals with the issue. Consult a lawyer for better understanding.
Thank you,
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You may refuse to agree for the insertion of the clause the builder is trying to insert in the sale deed.
It is right to claim ITC in future, the builder cannot stop you from making this claim.
You may either cancel the booking or drag the builder to consumer forum for relief and remedy.
Firstly upon refusal to agree for inserting the said clause in the sale deed, the builder may put pressure on you to which you may issue a legal notice to him demanding for removal of the said clause from the sale deed.
If he still insists then you may take up the matter with RERA or with the consumer forum or to the civil court with a suit for specific performance of contract seeking direction to the builder to register the property to you without inserting the said clause which is against your interests and natural justice.
These things cannot be put in a sale deed and even if written have no value. Do not accept that condition.
A complaint should be filed in the RERA tribunal or before a consumer court immediately for unfair trade practices.
- Builders do anything.
This is not valid.
You can not be forced to sign this clause.
This is against your interests .
- Since you already tried speaking to builder and they are still forcing then you have to send a legal notice through lawyer.
Many times legal notices solve the problem.
- If still the problem is not solved then you can approach any of RERA or consumer court or civil court.
You can force the builder to register the property without inserting said clause.
