Protecting Homebuyers & Families in Gurugram 

Specialized Legal Support 

1. RERA & Builder Disputes (Delayed Possession)

Many projects in Sector 102, 104, 109, and 37D are facing significant handover delays. We represent homebuyers against major developers for:

• Delay Penalty (Interest): Claiming interest for every month of delay under Section 18 of RERA.

• Refund with Interest: If the project is stalled indefinitely, we help you exit with your principal amount + interest.

• Quality Issues: Legal action against poor construction quality or missing amenities promised in the brochure.

2. Mutual Consent Divorce for Young Professionals

The demographic of New Gurgaon (Vatika India Next, DLF Garden City, etc.) comprises largely of dual-income young professionals. We handle sensitive matrimonial matters with speed and dignity:

• Fast-Track Divorce: utilizing the "Waiver of Cooling-Off Period" for couples who want to move on quickly.

• Joint Property Settlement: Expert handling of home loans (Joint Home Loans) during divorce—deciding who keeps the flat and who pays the EMI.

• Maintenance: Realistic alimony negotiation based on the "Net Take Home" income of corporate employees.

3. Consumer & Civic Issues

• Infrastructure Disputes: Legal notices to authorities (GMDA/MCG) regarding lack of roads, water, or sewage connection in new sectors.

• Maintenance Charge Disputes: Representing RWAs against builders for exorbitant maintenance charges (CAM) without handover of services.

Frequently Asked Questions (FAQ's)

Q: My builder offered possession but the flat is not livable (no electricity/water). What can I do? 

You should not take possession under protest without legal advice. Under RERA, you can file a complaint for "Deficiency of Service." Taking keys often waives your right to claim delay penalties. We can send a legal notice demanding completion of amenities before handover.

Q: We bought a flat jointly in Sector 82. Now we are divorcing. Who gets the flat? 

The flat does not automatically go to the "primary applicant." It is a marital asset. Usually, we advise three options:

1. Sell & Split: Sell the property, pay off the loan, and split the remaining equity.

2. Buyout: One spouse pays the other their share of the market value and refinances the loan in their own name.

3. Co-ownership (Rare): Keeping it as an investment (risky without a strict contract).

Q: Can I stop paying EMI if the builder has stopped construction? No. 

Stopping EMI damages your CIBIL score, not the builder's. Instead, you must file a case in RERA or NCDRC to seek a "Stay on EMI" or immediate refund. Unilateral stoppage of payment will make you a defaulter.

Q: How long does a Mutual Divorce take in Gurgaon Court? 

Typically 6–9 months. However, for young couples living separately for over 18 months, we can file a Waiver Application to reduce the time to just 30–45 days.

Q: My builder offered possession without an Occupancy Certificate (OC). Is it safe to accept?

Absolutely not. Taking possession without an OC is illegal and risky. It classifies your stay as "unauthorized occupation," meaning you cannot legally register the property (Sale Deed), and authorities (DTCP) can disconnect water/electricity connections. Furthermore, if you accept the keys, you may legally waive your right to claim delay penalties in court. Always consult a lawyer before signing any "Indemnity Bond" for possession without OC.

Q: I bought a flat under a "Subvention Scheme" (No EMI till Possession). Now the builder has stopped paying the bank. Who is liable? 

Legally, you (the borrower) are liable to the bank, not the builder. The loan is in your name. If the builder defaults on the "Pre-EMI" interest, the bank will demand it from you, and non-payment will ruin your CIBIL score. We help clients file urgent petitions in RERA and NCDRC to seek a "Stay on EMI" or direct the builder to clear dues to the bank immediately.

Q: The RWA is charging exorbitant maintenance fees (CAM) but facilities are incomplete. Can we refuse to pay? 

You cannot unilaterally stop paying, as it may lead to disconnection of services. However, you can pay "Under Protest." We assist RWAs and groups of residents in filing a complaint with the District Registrar of Firms & Societies or RERA to audit the builder's maintenance accounts. Builders cannot charge for amenities (like a clubhouse or pool) that are not yet functional.

Q: What is the property registration cost in New Gurgaon sectors (e.g., Sector 82, 109)? 

For female owners, Stamp Duty is 5%; for males, it is 7%; and for joint ownership, it is 6%. Additionally, you must pay a 1% Registration Fee. Note that in New Gurgaon, "Circle Rates" often differ significantly from "Market Rates." Registration is calculated on whichever is higher. We assist in calculating the exact duty to avoid penalties during the registry at the Manesar or Gurgaon Tehsil.