KNOW YOUR RIGHTS MAGICBRICKS.COM EXPERTS RESPOND TO QUERIES IN MUMBAI

I booked a flat in December 2011. The builder did not disclose the actual area at the time of purchase and now is forcing me to take the possession. Can I sell this flat to a prospective buyer and take legal action against the builder? 

•
• Yes, you can legally transfer the allotment to your buyer. Please refer to the allotment letter on the procedure. If there are construction irregularities, do write to the builder to rectify it. If he does not take action, send a legal notice through a lawyer and disclose every aspect to the buyer. 
I want to buy a flat which is owned by Mr 'X', who has bought it from Mr 'Y'. Mr 'X' has a registered Agreement which is between both of them i.e. (Mr 'X' and Mr 'Y') but does not have the original Agreement which is between Mr 'Y' and the builder. Mr 'Y' has only the photocopy as an investor. Can I purchase the above mentioned property and what has to be done for missing documents? 

•
• Inspection of the Title Deed is very important. Loss of original Title Deeds may lead to many complications, affect or impede free dealings with the property. It reduces the strength of ownership title of the owner. Suppose you purchase the property for a valuable sale consideration, ignoring that fact that the vendor does not have the original title deed and suppose at some earlier stage the property has been mortgaged by deposit of title document by its owner, then irrespective of the fact that you have purchased the property for valuable consideration, you will not get rightful ownership over the property. 
Having said that, loss of documents such as Encumbrance Certificate, Khata Certificate, and Tax paid receipt does not have serious implications since it is possible to make up the loss of these documents by applying and getting certificates afresh from the concerned authority. A sincere effort also should be made to trace out the lost document and or to rebuild the records. The common practice followed is to notify the loss of the original deed in two leading and widely circulated newspapers, one in English and the other in vernacular language, requesting the finder of such documents to deliver back the said document. 
Lodging a police complaint and obtaining acknowledgment from the police also is considered as evidence for the loss of a document. Do engage a lawyer to do a thorough check before you buy this property. 
At the time of booking it was shown by the builder that the flat faces the big rectangular park and hence the builder included Preferred Location Charges (PLC) in the cost of the flat i.e. Rs 68250. Now, it s been revealed from the builder's websites that the total area of the park has been reduced to half i.e. in a triangular shape and such type of park layout is not mentioned in the Agreement. Can I reduce the PLC charges against the booked flat? 

•
• The builder should reduce the charges and if he denies reduction then you may take the builder for changing the project specifications during construction after taking deposits. If you have a grievance against the builder, send him a notice in writing and if he refuses to accept your notice then you need not worry; proof of sending it is valid in the consumer court and the notice would be deemed to have been duly served.