No bar on sale deed in allottees of completed projects of  Ansal API

Ansal
  •  U.P. RERA has issued an important clarification to its order dated 26-06-2023 with respect to the Sushant Golf City High-Tech Township of Ansal API in Lucknow.
  •  It has clarified that the promoter can execute sale deed in the name of the allottees of such projects for which
    the C.C. had been issued before RERA.
  • The promoter can execute the sale deeds in the name of the allottees of the projects registered with RERA,
    after it obtains the completion certificate of these projects and uploads on the website of U.P. RERA.
  •  The promoter shall use the money received against such registries for payment to the allottees of the township
    in whose cases the RCs have been issued by it.

Lucknow: U.P. RERA has issued an important clarification to its order dated 26-06-2023 with respect to the Sushant Golf High-Tech Township of Ansal API on 06-05-2024 whereby it has clarified that there is no bar on sale deed to the allottees of the projects in this township for which completion certificate had been obtained before the commencement RERA. It is notable that the promoter had obtained completion certificate of three of its projects, namely Santushti Enclave-I, Block-A, B-1 and B-2 project, Paradise Crystal- Block A, B, E and F project, Celebrity Garden- Block/Tower No. 08, 09, 11 project and 110 flats of Blocks/Tower F, G and H before commencement of RERA. The promoter can execute registered sale deed in the name of the allottees of these projects. The promoter can also execute sale deeds in the name of the allottees of the projects registered with RERA after it obtains the completion certificates of such projects and also uploads the same on the website of RERA.

It is learned that RERA has issued this clarification on the application of the promoter and the allottees of some of the projects keeping this in mind that if a project has been completed, the allottees of such projects should be able to get possession of their units after duly registered sale deeds. However, RERA has made the promoter squarely responsible to ensure before the sale deeds that there is no dispute relating to its possession or title over the project land or the unit of the concerned allottees. RERA has further directed the promoter to use the money collected against such registries only for the purposes of payments against the RCs issued by RERA in the matter of the allottees of the Sushant Golf High-Tech Township of Ansal API, Lucknow.

RERA has made it clear that subject to these clarifications, its order dated 26-06-2023 shall remain effective till the completion of the enquiry and the promoter is not permitted to violate the provisions of RERA or orders of U.P. RERA in any manner under the guise of these clarifications. Whereas RERA has extended relief to the allottees of the completed projects by way of this clarification, it has not granted any laxity to the promoter.

It has been stated by  Sanjay Bhoosreddy, Chairman U.P. RERA that these clarifications have been issued to protect the interest of the allotttes who have long waited for possession of their units and so far as the prevalent enquiry is concerned, the promoter has been directed to submit its supplementary reply duly supported by affidavit and that appropriate decision in the matter will be taken separately.

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