Change Of Allowed Flat Post Developer Agreement In Redevelopment Of Hsg Society | Vkeel - Free Legal Advice

Abhishek

Thane

My housing society, in Thane, Mah, is planned to go for redevelopment. The society - Developer agreement has been completed and registration is undertaken. The individual flat owner agreement has not been completed yet. The society is being redeveloped from 3 story to 7 story building. Allotment of flats in the new building was undertaken by draw of chits in society meeting and I was allowed 7 floor flat. However, I would like to take the 3 floor flat which is available. As on date the plans for the new buildings are yet to be approved and the RERA registration for the new building is also not undertaken. I have submitted a letter for change of flat to society, which has been further sent to the builder. There is no change in the area of the flat allotted on the 7th floor and the requested by me on the 3rd floor. Is there any additional stamp duty/registration charges applicable for such a change in flat. What are my options available in case the builder denies?

Expert's Answers(5)

Kishan Retired Judge ( Advocate)
Bengaluru, Karnataka

184 Client Ratings

Dear Sir, Please consult local lawyer who is well versed in local law.

September 24, 2020
Advocate J L Naagar
Jalandhar, Punjab

169 Client Ratings

Your question is still premature. as the RERA Authorities are yet to clear the matter as you said. But the difference of the price has got to be adjusted and the exchequer has got to be replenished accordingly. Please give me Rank Five and follow me after reviewing my resume and book a consultation for further discussion and explanation if required.

September 23, 2020
Advocate Satej C More
Mumbai, Maharashtra

17 Client Ratings

No additional stamp duty will be applicable as its assume the area of the flat is same. In case of the availability of the flat the builder should exchange the flat. One more thing need to be highlight here, the builder should register the project with RERA. In case of any further advice please get in touch with me.

September 23, 2020
Advocate Abhimanyu Gurawalia
Patli Hajipur, Haryana

60 Client Ratings

no stamp duty should be taken extra if no difference in price

September 23, 2020
Advocate Suneel Moudgil
Panipat, Haryana

40 Client Ratings

1. you can challenge the allotment, 2. if there is a difference in prices of the flat in the 3rd and 7th floor, then you are liable to pay stamp duty, 3. if there is an option to change the flat in the rules framed by the society then you can apply for the same,

September 23, 2020