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Wednesday, September 5, 2012

Have You Taken Possession of Your Bungalow Plot?

Conversation with Advocate Nandkumar Shinde on Sale Deed & Possession of a Bungalow Plot:

Advocate Nandkumar Shinde
Advocate Nandkumar Shinde

When someone asks me about buying a bungalow plot, my standard answer is - "Consult a Lawyer!". You agree with me and say, "Suggest a lawyer, please!"

"Find someone near your home. It will save you time & energy," I answer.

I don't suggest a lawyer because most of the lawyers I know well, work for the builders. I wonder whether these lawyers would be interested in offering their services to a property buyer. And I doubt whether a property buyer would be able to afford the fees of these experienced lawyers.

However, when I want to know something, I bother my lawyer friends. Generally, Advocate Nandkumar Shinde, legal consultant of leading builders in Pune. Mainly because, I know that Advocate Shinde genuinely cares for a property buyer. I am not only a lawyer - I am human being - a common man - a citizen - a buyer - Advocate Shinde says.

Advocate Shinde, be a good friend & give me free advice - is always my first sentence when I want to ask him something. On which Advocate Shinde says, "Sorry! Pay consultation fee in advance & take an appointment."

What can I do? This time, the issue was such that I had to take Advocate Shinde's appointment. So, I called 020 25 53 89 93 and visited Advocate Nandkumar Shinde's office located opposite Hotel Deccan Rendezvous, at the junction of Ghole Road & Apte Road in Shivajinagar, Pune 411004.

One of my readers was very upset. His developer was avoiding to do sale deed of his bungalow plot.

Nearly, 2.5 years ago, my reader has purchased a plot in this famous bungalow plots colony at Pirangut. Had paid his own contribution. Registered the agreement for sale. Against that his bank has disbursed the loan.

However, since my reader had gone abroad, on site in U S A, he hadn't done the sale deed. Now, back in Pune, my reader wanted to complete the transaction - sign the sale deed & take possession of his plot.

But after persuing for a few months, my reader came to conclusion that the developer of the bungalow plot colony at Pirangut was avoiding signing the sale deed & giving possession of his plot.

The latest excuse for not doing sale deed was the recent change in the stamp duty! When you registered the agreement to sale, you paid only 2 per cent stamp duty - now, it's 5 per cent. So, now, if you want to go for a sale deed - you have to pay the balance 3 per cent stamp duty!!

My reader found this demand unreasonable.

Yes, it's not fair. We are fighting with the government - go home - come back when our fight is over - the developer of the bungalow plot colony at Pirangut told my reader.

What is the truth? Do I have to pay 3 per cent stamp duty to do the sale deed of my plot? My reader asked.

He is fighting for you! Don't you trust your famous developer of the bungalow plot colony at Pirangut? I asked.

No. How can I trust someone who doesn't develop promised amenities & infrastructure? How can I trust someone who asks for maintenance charges without maintaining anything? My reader said.

My reader's frustration didn't leave me any choice but to consult Advocate Nandkumar Shinde.

The problem is not the rise in the stamp duty. Problem is your reader. Like most of the investors in plots, he hasn't forgotten about sale deed & possession of his plots. Advocate Nandakumar Shinde said.

Moral of the story is - I can request you to invite me for a cup of tea when you take possession of your bungalow plot too!

So, please, tell me, have you taken possession of your bungalow plot?

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  1. Ravi, Possession of bunglow plt means 7/12 extract ,right?

  2. Very good going Ravi,I was going to suggest you that please cover also the legalities of Home purchases in Pune Market...Thanks for going ahead with usch things...Expect to see more on these

  3. hi ravi..
    are u talking about Aditya Nisarg banglow plot colony.?if you directly take name of builder it will help buyers to make sure that they take sale deed if they buy anything from such builders.

  4. Hi Ravi,

    Your blogs are always awesome.. :)
    It will be very helpful for us if you focus on rules of Pune PCMC while purchasing any land for the purpose of house construction & what else precaution we should take while purchasing these plots , it may be from reputed builder or any individual owner. Hope you will focus on these as well.

  5. Ravi,
    Please let me know your availability, i can arrange something for the Plot i took in Lohegao. It might help readers like me...

    1. Anytime, Akshay! Please, call me on 919860044110 to confirm an appointment.

  6. Hi Ravi,

    Many thanks for blogging on this topic, as lot of ads are being seen for plots nowadays. How many are legitimate and legally clean, needs to be checked. I want to highlight one case of a developer in hinjewadi selling collector NA plots in hinjewadi. Although the documents are clean, the developer has his own name on 7/12 utara, and none of the 'stupid investors' in this scheme have bothered to get their own name in 7/12. Now, when they approach the developer, he says that he will form a society of all plot members and then that society name will be on 7/12. Its 5 years now, when the plots scheme was launched and yet the developer has not formed the society. He collects maintenance from all members, yet apart from a watchman, there is nothing on the site. Do you think this is a safe place to buy a resale plot?

    1. No. Not at all.
      Because, the reseller has no right to sell.
      He doesn't own it at all.
      So, how can you buy from him?

      Only the developer is the owner of all plots!

      And what does the developer do? He takes money from you but does not give you the plot - you have paid for.
      So, what's the point?