Buying from a builder
Is the project registered with RERA, and what can a buyer claim if possession is delayed? (ss. 3, 18 and 31, RERA Act, 2016)
PRACTICE AREA / 05
Know what the property papers promise.
The law on buying, building and renting property in Haryana: homebuyer rights, building permissions, and leases.
The laws covered: Real Estate (Regulation and Development) Act, 2016 · Haryana Real Estate (Regulation and Development) Rules, 2017 · Transfer of Property Act, 1882 · Registration Act, 1908
SUBJECTS WITHIN THIS AREA
Is the project registered with RERA, and what can a buyer claim if possession is delayed? (ss. 3, 18 and 31, RERA Act, 2016)
What may be built on a residential plot in Haryana, and where does the stilt-plus-four policy stand in court?
Which rent agreements must be registered and stamped, and what governs security deposits? (s. 107, Transfer of Property Act, 1882; s. 17(1)(d), Registration Act, 1908)
A PRACTICAL STARTING POINT
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COMMON QUESTIONS
Property law in Haryana depends on State rules, local building byelaws and the documents of the particular property.
Haryana Real Estate Regulatory Authority ↗If the promoter fails to give possession as agreed, the buyer may withdraw and claim a refund with interest and compensation, or stay in the project and receive interest for every month of delay (s. 18(1), RERA Act, 2016).
With the State Real Estate Regulatory Authority or, where compensation is claimed, with the adjudicating officer (ss. 31 and 71, RERA Act, 2016).
Compulsory registration applies to leases from year to year, for more than one year, or reserving a yearly rent (s. 107, Transfer of Property Act, 1882; s. 17(1)(d), Registration Act, 1908). A lease for one year or less that does not reserve a yearly rent need not be registered, though it may be. Renewal or lock-in clauses can take the real term past one year. Stamp duty under the State’s stamp law still applies.
No. Title, encumbrances and approvals are separate questions that depend on the property records.
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