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Flat Possession Delayed: Can I Still Get My Compensation?

Ramalingam

Ramalingam Kalirajan  |7606 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Aug 16, 2024

Ramalingam Kalirajan has over 23 years of experience in mutual funds and financial planning.
He has an MBA in finance from the University of Madras and is a certified financial planner.
He is the director and chief financial planner at Holistic Investment, a Chennai-based firm that offers financial planning and wealth management advice.... more
VINAY Question by VINAY on Apr 16, 2024Hindi
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i have bought a flat in June'22 i was told that possession will be given on or before 31/12/2022 and also promised that if possession not given as per schedule i.e 31/12/2022 then they will give me monthly compensation till the actual possession of flat and they have given me possession after one year and they also refused to give any compensation so please advise what to do now

Ans: Gather Evidence: Collect all documents related to the flat purchase, including the agreement, possession date promises, and any correspondence about delays or compensation.
Send a Legal Notice: Clearly outline the breach of contract, the promised compensation, and demand payment.
Consider Mediation or Arbitration: If direct negotiation fails, explore these options to resolve the dispute.
Consult a Lawyer: Seek professional advice to understand your legal rights and options, including potential litigation.
Act promptly as there might be time limitations for legal action.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in
DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Users are advised to pursue the information provided by the rediffGURU only as a source of information to be as a point of reference and to rely on their own judgement when making a decision.
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Ramalingam

Ramalingam Kalirajan  |7606 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Jul 25, 2024

Asked by Anonymous - Jul 15, 2024Hindi
Money
Dear Sir We had booked a flat in one of the projects in Karnataka ( 15 + years back) but when the project is about to complete the land owner of that apartment filed the case against the builder because the builder had constructed few flats illegally in that project.. The land owner had demanded few crores from the builder for illegally constructing the flat...During that time we were in abroad and 3 flats werent registered in this project one is ours and 2 more flat owners were in abroad too..Thats out of 35 flats... Hence the builder had registered three flats in their name for the safety..But till now we havent got registered of that flat in our name becos there is case in the court. Hence there is no completion certificate issued for that project..etc.... and no flat owner can sell their flat due to the court case. However the builder had given us a power of attorney for the flat for rent it out or stay... And we have rented the flat and are getting the rent... we have been regularly followed up with the builder, he everytime promises today tomorrow....like this 15+ years passed...last year we asked for a replacement flat in one of their new project and he agreed to give us a replacement flat provided we pay some extra bucks as per the rate...We agreed for that and got the agreement signed and also got the sale deed of the land etc.. we have paid the payment in cheques.Its a huge project and completion of the project is bit slow and got delayed.... Recently, the builder had sent an email to all flat owners to register their flats but when we consulted for registration the builder said he had to transfer the payment done by us from the previous project to this new project...hence it would take time (by the way thats their internal issue) everytime we consulted for registration he says it would take one months time and his legal team is working on it...Sometime he says the court case should get over of the other project and then only he can help to register the the present flat..(though the previous flat is in their name itself) we have nothing to do with case (as the Case is between land owner and builder) also the previous flat registration al in their name..we have only agreement and receipts.of payment done...hence so far the flat is not registered...most of the flats got registered in the new project...The project is not completed yet it would take one more year... My question is why the builder is delaying the registration process of our flat and why is he not doing the internal issues solved and help us to register our flat in our name... Should we register the flat ourselves provided we get required documents from the builder? Or consult a lawyer in this regard...Pls guide...
Ans: You booked a flat 15+ years ago in Karnataka. The project faced legal issues due to illegal construction. You haven’t been able to register the flat in your name.

Builder’s Delay
The builder registered three flats, including yours, in their name. You have a power of attorney to rent it out. The builder promised a replacement flat in a new project, but the registration is still delayed.

Key Questions
Why is the builder delaying registration?
Should you register the flat yourself?
Should you consult a lawyer?
Builder's Delay Analysis
Internal Issues
Fund Transfer: The builder needs to transfer payments from the previous project to the new one. This seems to be causing delays.

Legal Complications: The builder indicates that the ongoing court case may affect the registration process. However, you have no involvement in this case.

Project Completion
Project Delay: The new project is not yet complete. This might also contribute to the registration delay.
Recommendations
Consult a Lawyer
Legal Advice: Consult a lawyer to understand your legal standing and options.

Documentation: Ensure all your documents are in order. The lawyer can help review and prepare necessary paperwork.

Registration Process
Self-Registration: With the required documents from the builder, you might register the flat yourself. This requires legal guidance.

Follow-Up: Continue to follow up with the builder regularly. Ensure all communication is documented.

Legal Action
Notice to Builder: Your lawyer may suggest sending a legal notice to the builder for delaying registration.

Court Case: If the builder doesn’t cooperate, consider filing a case against them. This might expedite the process.

Insightful Evaluation
Assessing Risks
Builder's Reliability: Evaluate the builder’s past projects and their completion rates. This helps in assessing the likelihood of further delays.

Legal Risks: Understand the legal risks associated with the ongoing court case. Your lawyer can provide a detailed assessment.

Future Steps
Replacement Flat: If the builder provides a replacement flat, ensure all legal aspects are clear before agreeing.

Backup Plan: Have a backup plan in case the registration process faces more delays. This might include exploring other housing options.

Communication
Transparent Dialogue: Maintain open and transparent communication with the builder. Document all discussions and agreements.

Legal Assistance: Have your lawyer involved in all major communications with the builder. This ensures legal backing.

Final Insights
Proactive Steps
Consulting a lawyer is crucial. They can guide you through the legal complexities and help expedite the registration process.

Keep all your documents organized. This will be helpful during any legal procedures.

Regularly follow up with the builder. Ensure you have written records of all communications.

Evaluate the reliability of the builder and the legal implications of the ongoing court case. This helps in making informed decisions.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

..Read more

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Ans: Hello Priyanka.
It is not clear whether either of you has completed your B.Sc. in Medical or not. But I am assuming that you are presently pursuing it. The scope of this branch is wide. Either you can pursue the job, or you can start your own business. However, I would like to suggest that if possible, you do a DMLT course to start an authentic lab. Working as a technician or technical assistant may not boost your career to a great extent, and the salary may also not increase proportionately. Hence, it is better to add a course with a B.Sc. that will help you start your business. With a small capital, you can even start a business selling surgical items, which could turn into a big business in just a few years. Best of luck for your upcoming future.
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Ramalingam

Ramalingam Kalirajan  |7606 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Jan 22, 2025

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Where should I invest Rs. 50000 in Index mutual fund or in ETF?
Ans: When deciding between Index Mutual Funds, ETFs, and actively managed diversified equity funds, actively managed funds often stand out. Let’s analyse why active diversified equity funds are a better option for your Rs. 50,000 investment.

Understanding Index Funds and ETFs
Index Funds: These passively replicate an index like NIFTY 50 or SENSEX. They aim to match the market’s performance, not beat it.

ETFs (Exchange Traded Funds): Similar to index funds but trade like stocks on exchanges. They require a Demat account.

Disadvantages of Index Funds and ETFs
Limited Returns Potential
Index funds and ETFs only track the market.
They cannot outperform the benchmark, even when market conditions allow for superior performance.
No Protection in Market Downturns
Index funds replicate the index, so they fall equally during market downturns.
Active funds may reduce losses with better sector and stock allocation.
Lack of Professional Judgment
Index funds follow pre-set rules, ignoring company-specific fundamentals.
Actively managed funds use professional fund managers who adjust portfolios to maximise gains.
Hidden Costs in ETFs
ETFs may seem cost-effective but involve additional brokerage and Demat account charges.
Liquidity issues can lead to price variations between the market price and NAV.
Benefits of Active Diversified Equity Funds
Potential for Superior Returns
Experienced fund managers aim to outperform the benchmark.
They carefully select high-potential stocks across sectors and market caps.
Flexibility in Stock Selection
Active funds are not restricted to index stocks.
They pick companies with strong fundamentals, growth prospects, and attractive valuations.
Downside Protection
Fund managers can reduce exposure to risky sectors during market downturns.
This minimises losses compared to passive funds.
Tax Efficiency with Strategic Planning
Gains can be optimised with periodic review and rebalancing.
Active funds often deliver better after-tax returns over the long term.
Why Rs. 50,000 Fits Well in Active Diversified Equity Funds
A one-time investment of Rs. 50,000 deserves active management for maximised growth.
Over 5–10 years, active funds are better positioned to beat inflation and create wealth.
Suggested Allocation for Active Diversified Equity Funds
Large-Cap Equity Funds (30%-40%): Stability and consistent returns.
Flexi-Cap Equity Funds (40%-50%): Flexibility to invest across market caps.
Mid-Cap Equity Funds (20%-30%): Higher growth potential with moderate risk.
Key Considerations
Stay invested for at least 7–10 years for compounding benefits.
Review performance annually and rebalance if needed.
Avoid chasing short-term trends or reacting to market noise.
Final Insights
Index funds and ETFs are suitable for certain scenarios, but they lack active management benefits. By investing Rs. 50,000 in actively managed diversified equity funds, you can maximise returns, minimise risks, and benefit from professional expertise.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment

...Read more

DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Investment in securities market are subject to market risks. Read all the related document carefully before investing. The securities quoted are for illustration only and are not recommendatory. Users are advised to pursue the information provided by the rediffGURU only as a source of information and as a point of reference and to rely on their own judgement when making a decision. RediffGURUS is an intermediary as per India's Information Technology Act.

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