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In Noida, the Homebuyers are planning to take a legal route on the Sub-lease rule.

Under the banner of Noida Extension Flat Owners Welfare Association [NEFOWA], the aspiring homeowners are all set to take a legal move against the proposal to shift homeowners as sub-leasee of their property. This agreement was proposed by the district administration and the buyers said that they will also present a memorandum of protest in the office of district magistrate this week and will follow the same with a writ petition at the Allahabad high court.

On 2nd January, the administration issued guidelines according to which nearly 50,000 homeowners in Noida and Greater Noida area were supposedly asked to sign an agreement of lease. The homebuyers have to get the same agreement registered with the builder along with full stamp duty charge.  

The administration also figured out nearly 30 developers who might have offered possession of flats to the homebuyers without having the completion certificates.

Under the agreement, the developer announces buyer as a sub-lessee of the property, and he/she will be the lessee of the land. Also, the homebuyer or the sub-lessee will be responsible for the maintenance and safety of the property, while the builder will not take onus for any of these things.

Kumar Mihir, the lawyer representing buyers was quoted saying that we found this agreement one-sided and the onus has been transferred onto the buyer. The aspiring homeowners must not have got the possession of flats for which completion certificates are not issued. This move is a violation of the UP Apartment Act (Section 13).

He further said that what is the need of this agreement now if people are residing in these flats from two or more years as this contract clearly transfer the responsibility of safety and maintenance onto the buyer.

Prashant Tiwari, president CREDAI said that the developers who offered possession of flats without completion certificate are being dealt in a legal manner.