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Channel: Asset Yogi

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Hello and welcome to assetyogi.com
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This is Mukul and in this quick video, we'll learn about the allotment letter in real estate.
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I'll also share some tips on how you can to certain clause details in the allotment letter
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and avoid expensive mistakes.
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So make sure that you watch the complete video.
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Alright! let's get started.
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Have you ever booked a flat or a plot or a shop or an office?
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in an under-construction real estate project?
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If yes then you must be familiar with the concept of an allotment letter.
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And don't worry even if you've not booked an under-construction property so far,
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I am going to give you complete context on the allotment letter in this video.
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So by definition,
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an allotment letter is a document
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that details and confirms the property unit allotted to an applicant or allottee,
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in an under-construction or under development real estate project.
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For example, if you've allotted this flat B-201 in this hypothetical building,
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then you would be given an allotment letter
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for this particular property.
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Similarly,
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suppose you've booked a plot which is plot number 123 in the XYZ project.
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Then you would be given an allotment letter for this plot number.
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Now before we understand the allotment letter in more detail,
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let us first understand the cycle of property booking and the transfer of cycle.
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So as soon as you book a property,
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you'll give some token amount to the builder.
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token amount,
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or it can be called the booking amount.
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So for this, you'll be given a booking receipt by the developer.
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booking receipt.
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Then
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he'll give you some time to pay some amount,
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let's say 30 days to the 10% amount.
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Then you'll be given an allotment letter.
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Allotment letter.
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That an XYZ property has been booked in your name.
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Allotment letter
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then after 60 days or 90 days
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you'll be signing a builder-buyer agreement.
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builder-buyer agreement.
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Which will be much more detailed than the allotment letter.
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So this will specify all the terms and conditions,
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during the development or construction of the project.
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then finally when you are offered a position
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then you are going to sign a sale deed
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or conveyance deed.
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Now, this is the final document and this has to be registered.
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registered at the registrar's office and you've to pay the stamp duty.
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So this is the real document by which the title gets transferred.
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This is
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title entitlement document.
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Now allotment letter or the builder-buyer agreement,
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they are not title entitlement letters.
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So there is no title
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entitlement
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that is transferred to you based on these letters, so this has to be very clear legally.
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So what does the allotment letter signify?
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The allotment letter is basically, a confirmation,
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confirmation,
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that you've booked a particular property.
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And it acts as proof that you've booked that property so in case of any dispute
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you can go to the court that you've booked a particular property,
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with the developer and there are terms and conditions,
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by which,
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terms and conditions,
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by which
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both developer
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and
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applicant
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are bound.
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So it is a legally binding document but there is no title transfer because of this
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allotment letter.
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Now there is another reason why allotment letter is required?
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Suppose you've to apply for a bank loan
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then,
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so all banks will ask
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for the allotment letter before they can disburse the loan amount.
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Disburse the loan amount.
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So I think you understand the difference between an allotment letter, builder-buyer agreement,
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and sale deed.
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And why allotment letter is required?
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Now let us see what all is contained in the allotment letter?
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First of all, all details of the property will be contained in the allotment letter,
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which means name and location of the project,
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where exactly it is located?
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Gurgaon
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or XYZ sector of Gurgaon?
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And what is the property name?
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Basically the name of the project.
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And then the unit number is basically the flat number,
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or plot number or shop number.
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Then what is the area of the unit?
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Let's say it is a 3 BHK
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then probably 1500 sq feet.
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All this will be mentioned then there will be
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the layout of the particular property which will be attached for example,
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for our hypothetical property,
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B-201, this is the layout which will be attached along with the allotment letter.
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Then specifications of the property will also be mentioned whether,
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RCC structure will be used for the walls or brick walls will be there?
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Or whether you are going to get the modular kitchen?
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modular kitchen.
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And what kind of tiles will be used?
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And what kind of electrical and sanitary fittings will be used?
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They may mention the brands also.
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Then the payment plan will also be mentioned in the allotment letter.
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Broadly there are four kinds of payment plans
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downpayment plan, a construction-linked plan, time linked plan, and a subvention scheme.
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In a downpayment plan, you pay 10-20% upfront,
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and balance
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you've to pay the balance in 90 days.
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So that is broadly your downpayment plan and in construction plan,
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you'll pay 10-20% at the time of booking.
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And balance is construction linked
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balance
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construction linked.
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So
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if the construction is 36 months,
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So you'll be paying as per the time period assigned in the allotment letter,
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construction period
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and then 5-10% you'll be paying at the time of possession.
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So similar to construction linked plan there is time linked plan in which,
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you are going to pay 10-20% at the time of
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booking,
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plus balance will be time-bound.
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It'll not be construction linked,
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for example, you may be made to pay all the,
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money in 24 months whereas,
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construction may take 48 months also.
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So I am not getting into much detail about payment plans in this video, I'll cover that in
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a future video.
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Then there is the popular,
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scheme nowadays subvention scheme that you pay
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30% upfront and balance 70% on possession.
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So all these details will be mentioned in the allotment letter.
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Then detailed terms and conditions will also be mentioned in the allotment letter which
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will bind the developer as well as the applicant.
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Then there will be a list of approvals and approved layout plans that
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will be attached as part of the allotment letter.
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Now these terms and conditions are very important a
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nd you should be particularly careful when you are signing the dotted line.
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And that is the whole reason of making this video
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that you should be aware of all the clauses in the allotment letter.
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So that you don't make mistakes.
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So let us see what are the important clauses contained in the allotment letter?
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An allotment letter clearly states that you've checked all project details,
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layouts and the approvals,
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or any government notification, zoning regulation, all circulars from the government.
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So it is not the responsibility of the builder but it is your responsibility.
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Then the allotment letter also specifies
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that applicant is supposed to make
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on-time payment
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whether you choose a downpayment plan or construction linked plan or time-bound plan.
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You are supposed to make all the payments on time otherwise,
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you'll have to pay interest to the developer
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and generally, they charged interest at the rate of 18% per anum
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for any delays in the payments.
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Then allotment letter also specifies that there should be no escalations on the basic sale price.
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So if your allotment letter doesn't contain this clause you must
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get it included from the developer.
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Because you don't want to get your price increased after signing the allotment letter.
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So you don't want to
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don't want increase in prices, Right!
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price
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later on.
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Then allotment letter will say you're supposed to pay all the taxes and government levies
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and if it increases in future
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you're supposed to bear that.
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Bear any increase in tax
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or any government levy.
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For example, service tax was recently increased,
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so you'll have to bear that risk
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of increase in any taxes or levies.
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Then the allotment letter will specify the earnest money clause which means,
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which means 10-15% of the property cost
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will be taken as earnest money
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so in case if you cancel your property after signing the allotment letter,
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then 10-15% of the amount will be forfeited.
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forfeited
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Then allotment letter also specifies that
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applicant is agreeing to any alteration in layout
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or area of the unit
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or the unit number.
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As we've discussed earlier that you don't get any title entitlement with the allotment letter.
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So the allotment letter will clearly specify that
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you don't get any title entitlement and the developer remains the owner.
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Developer will remain the owner.
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You can get your title entitlement from the owner once you sign the conveyance deed.
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Or sale deed.
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Not before that.
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And this also has to be registered.
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At the registrar's office.
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Then allotment letter will also specify the time period for possession.
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For example, he is going to say that he is going to deliver the project in 36 months.
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plus
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3 months grace period is taken generally.
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grace period.
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And if he doesn't deliver after this time,
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then he is going to pay a penalty.
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So the allotment letter will also specify the recourse in case of any delay or inability of the developer for offering possession.
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So in case of delay as we've discussed he is going to pay a penalty.
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The developer is going to pay a penalty.
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For example, he can say he'll pay Rs. 5 per sq feet,
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per month of delay.
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Per month of delay.
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And if he's not able to offer the possession for a particular reason
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then he'll say he's going to refund the amount.
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Plus he'll pay 6-9% interest per anum.
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Then the allotment letter also specifies that you can transfer your booking or allotment,
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without prior approval from the developer.
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So he's going to collect some charges as well as you also need a written approval
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written approval
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from the developer.
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from developer.
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So you can not transfer your booking or allotment, you can not just sell it.
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You've to take approval from the developer.
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Then in case, you've booked a plot with the developer
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then you'll be also given a time for the construction.
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So you can not just sit on a plot you'll be given a time to construct your house.
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So probably you'll be given four years to the construction and this may be
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required by the government also.
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So you'll have to construct your house during four years and if you do not construct within that time
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the developer again can take back the plot and he can sell it again.
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So that can also be specified in the allotment letter.
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Then allotment letter may also specify that the developer can raise funds,
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based on the receivables basically, the money he is going to get from you
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over 2 or 3 years of construction.
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Now another important thing to note here is this may not be part of the allotment letter,
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but you should know once you signed the builder-buyer agreement,
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which will be much more detailed than the allotment letter,
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then this agreement will supersede all the terms and conditions of the allotment letter.
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Now, why am I saying this?
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Suppose the developer has promised to deliver the project in 36 months,
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from the date of signing the allotment letter.
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Alright!
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Now if you sign the builder-buyer agreement,
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after one from the allotment letter
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then again the builder-buyer agreement will say
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3 years from signing the builder-buyer agreement.
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So you're going to lose one year and you cannot do anything about this.
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So you've to be very careful when you're signing these documents.
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I think you've understood what an allotment letter is?
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and why it is required and what are the important clauses?
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That you should be aware of in the allotment letter.
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And I hope you can take better decisions now.
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Thank you for watching this video.
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Hope you liked it,
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If you did, please like and share from below.
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If you want to suggest a topic for future videos,
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please write in the comment section.
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And don't forget to subscribe
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You really don't want to miss out on our latest real estate and investing tips
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that we share every week.
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See you guys in next video.