By Dr Sanjay Murari Chaturvedi.
As per the definition of “Allottee” under section 2 (d) of The Real Estate (Regulation and Development) Act 2016 every successive purchaser is also “Allottee” within the meaning of the said section. Which means suppose X purchased a home in a RERA registered project and sell the said flat to Y either during the construction of said project or even after taking possession of the said flat after Occupation Certificate, Y becomes “Allottee” within the meaning of the said section. Even if Y sell the said flat to Z or another, such buyer shall also step in the shoe of the Original Allottee and all the rights, privileges, duties shall then be vest with the person who hold that unit with legitimate documents.
The Section, thus, read as:
“2(d) “allottee” in relation to a real estate project, means the person to whom a plot, apartment or building, as the case may be, has been allotted, sold (whether as freehold or leasehold) or otherwise transferred by the promoter, and includes the person who subsequently acquires the said allotment through sale, transfer or otherwise but does not include a person to whom such plot, apartment or building, as the case may be, is given on rent;”
For the defect liabilities which is five years from OC, for evey other section like Section 12, 18, 19 for delayed interest, for Section 14 / 15/ 17 where the Promoter is duty bound to take consent for change in plan or amenities, formation of society and conveyance, all these rights shall now given to every successive purchaser / Allottee.
