Our building went into redevelopment and is now ready for possession.
The building is 7 story. Initially we were alloted a flat on 7th floor.
The builder paid the stamp duty and registration for all the flats, including ours.
The builder got additional FSI and he decided to increase the flat area of 6th and 7th floor and asked us to either pay additional few lakh rupees or shift to a lower floor.
We don't have that much money to pay, so we decided to move down to the 3rd floor.
Although we are alloted a flat on this 3rd floor, the registration and stamp duty paid is still of the 7th floor. And the registration document where our photo is taken and signs are taken at the court are still of the 7th floor flat.
The builder has given the allotment letter on a 100 Rs. stamp paper where the proper 3rd floor flat no. is written and he is saying we don't need to pay the stamp duty again and no need to re-register.
My questions are:
1. Do we need to re-register and hence pay the stamp duty and registration fees for moving from 7th floor to the 3rd floor?
2. If yes, who is responsible for re-registration and stamp duty charges?
3. If the builder refuses to pay the stamp duty again (although it was his need that caused us to move to a different flat), can we sue him in court?
4. If we sue him, generally how long does the case keep pending in the court?
5. What are other options for us?
Many thanks.
Karina.
Tags: