execution of
the conveyance; or (v) who were subsequent purchasers having purchased the
flat after the execution of the conveyance deed were to remain outside ... judgment, observed that delay in the
handing over of flats to the flat purchasers was admitted. While recording a
finding of fact that there
offer possession of the
flat to the Respondent – Flat Purchaser.
The Appellant – Builder however failed to apply for the
Occupancy Certificate as per the stipulations ... Appellant –
Builder in handing over possession of the flat, the
Respondent – Flat Purchaser was entitled to Interest @9%
p.a. only.
5.3. The Respondent further
agrees that he shall, before handing over possession of the flat to the flat purchaser and in any event before execution of a conveyance/ assignment ... purchaser or the terrace flat and such terrace spaces are intended for the exclusive use of the respective terrace Flat Purchaser. The said terrace shall
mere contractor for
him and constructs the flat for and on behalf of the flat purchaser. While
conceding that an integral part of the transaction ... hands of the
promoter/developer and not when the flat is conveyed to the flat
purchaser; and (vi) the construction linked payment schedule is nothing
stage when the developer enters into a contract with
the flat purchaser. The value addition made to the goods transferred by
the developer, after ... agreement is entered into with the flat purchaser,
is the only component that can be made chargeable to tax by the State
under
stated
that the Chief Promoter of the Society enrolled several flat purchasers as
members and thereafter, agreed to allot the flats to them ... flats and apartments
but not the property. Therefore, the building belongs to the Society which
is a body consisting of flat purchasers, but the land
Dahisar
(East), Mumbai and entered into agreements for sale of flats
with flat purchasers. The flat purchasers are members of
Panchali Co-operative Housing Society ... cost thereof in proportion to the
carpet area of the flat from each flat purchaser. Such stilt
parking space being neither `flat' under Section
Period for conveyance of title of promoter to
organisation of flat purchasers - If no period
::: Downloaded on - 09/06/2013 ... thereafter and shall, before handing over
possession of the flat to the flat purchases,
::: Downloaded on - 09/06/2013 16:30:53 :::
(39)
obtain from
such as this, where flats have been constructed in the building
and have been sold under agreements to flat purchasers in a
proposed co-operative ... plans which never were.
13. The fact that the flat purchasers purchased flats which are
shown not to have been specifically under sanctioned plans
shows
manner as Developer may deem fit without adversely affecting the Flat of the Flat Purchaser even after transfer of the said property. In Clause ... agrees that they shall, before handing over possession of the Flat to the Flat purchaser and in any event before execution of the conveyance
