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A Notice to Builder for Delay in Handing Over Possession ("Notice") is used by a Property Buyer when a Builder is late in delivering the possession of the property purchased.
This Notice can be sent when the Sender has purchased a commercial building, flat, apartment, villa, etc. from the builder.
The Notice contains the date and duration possession was due, and other relevant information. The Notice is typically the initial step taken by a Property Buyer to remind the Builder of their obligation to deliver possession before resorting to legal action.
The notice contains crucial information such as the identity of the Property Buyer and Builder, specific details about the property, including the agreed delivery terms, as well as the resolution to the issue. This notice can be sent by individuals or organizations to either individuals or organizations. It can be used to request that the Builder hands over the property or to demand a refund of the amount paid.
It is better to attach all supporting documents along with this notice including a copy of the Property Agreement, Contracts, Payment Receipts, etc.
After completing the Notice, it is essential to verify the method of sending the notice specified in the sale of property agreement. Different Property Agreements or Contracts may have different ways of sending notices, so it is important to check them carefully. In case there is no mention of the notice, it can be sent to the Builder via registered mail, email, or by hand delivery. Sending the Notice through registered mail or email allows for keeping a record that the notice was sent and received by the Builder. This record may be useful in the future if legal action needs to be taken.
The clauses mentioned under the Property Agreement or Contracts including alternative dispute resolution methods, way of sending notice, etc. need to be considered. The notice will be covered under the general provisions of the Indian Contract Act, 1872.
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Country: India