Please note that only in this situation, i.e. when purchasing an apartment directly by the contracting authority through the execution of a MOFA contract in accordance with the provisions of MOFA, is it not necessary for you to execute a certificate of sale after the execution of the MOFA contract. . Legal notice, complainant/developer has not come forward to perform the contract or instrument of sale in accordance with the provisions of section 4 of mofa. However, the project had been completed late. (Provisions relating to the promotion of construction, management and transfer) Law, 1963 Sale (abbreviated MOFA), as no agreement was concluded, thus creating a contractual relationship. between the complainant/developer and the respondent/complainant. The Learned District Forum did not appreciate the complainant`s allegations in this case and issued the contested decision. 4. The Bombay High Court at Ramniklal Kotak vs.
Varsha Builders considered that the organiser should fall into the category of project promoter and that a mere contractor or contractor could not be a promoter. . Indeed, ruled in favour of the respondent by holding the area of 1 lake sq.ft. be mentioned in the MoU as a carpet surface solely on the basis of the MOFA`s mandate and not by the interpretation of the individual concept …, in order to be considered an agreement under Article 4, must at least, for the most part, satisfy the requirements of this section. Learned Counsel argues that chit. it has not been read in the form provided for in Article 4 of the MOFA. All the criteria of this definition must be met to constitute a project promoter, and the term also includes its transferees, and if a person entrusts his or her interests in the land to another person, the transferee would become a developer. If the client and the person selling the apartments are different, then both are developers. It often happens that the owner who builds the housing contracts with an advertising agency for the promotion of housing, while in this case both are developers. …, he argued that the common areas and facilities did not include a garage/parking and that these parking lots did not remain controlled by mofa. Sections 3 and 4 of the mofa deal with issues relating to “the community space… 26. Section 4 of the MOFA provides that the promoter must enter into an agreement with the potential buyer and such an agreement before accepting a deposit or down payment.
Transfer made in their favour and intended for recording. (4)–(5)** » 29. § 16 mofa provides that the provisions contained are contained. In the event that you do not buy property from a client and you buy the property from a former owner of the apartment who is either a single or a company, it is important that you execute a deed of transfer (or a deed of sale) after the conclusion of a contract of sale by the buyer and the client. This is essential because the act of transmission is your title. In this situation, it is also advisable to pay the full stamp duty on the act of transmission and register it with the office of the sub-recorder for insurance. It is also imperative to keep, among other things, the shares issued to the owner (seller) of the apartment and the initial contract of sale concluded by the transferor and the contracting authority, as well as a certificate of opposition from the company in which the dwelling is located for the sale of the apartment to you and authorize you as a member of the company. . .