Share of land to the ground floor buyer
joydeep chatterjee
(Querist) 09 December 2011
This query is : Resolved
Dear sir,
i Have 2 Katha land on which two storied building was constructed.Now one interested party wants to buy the entire ground floor.he agreed on the clause that I will be having entire roof right but he can use the roof for common purpose.In future I can construct on the roof and sell it.Now buyer's lawyer wrote in the sale deed that "I am selling the entire ground floor with half portion of land i.e. 1 Katha".Eventually I denied the fact and told the lawyer that land share should be undivided proportionate share and no land measurement should be written in the deed and if in future i construct and sell on the roof , then what portion of land the third party will get if both of us get 1 Katha each.Now buyer's lawyer told me that he would change and write in the deed that "I am selling Undivided proportionate share of land measuring 1 Katha.But in future if seller construct the third floor then buyer's portion on the land will be 1/3 and buyer will abide by that".
My question is can lawyer write like that?If I accept the deed the whether I can face litigation problem in future?
Please help me.its urgent.I am in great dilemma.
ajay sethi
(Expert) 09 December 2011
a job of lawyer is to protect his cleint interest . it is upto you to accept or reject the draft .
engage a lawyer . get the agreement vetted by him . do not agree to give him any such rights . sell only ground floor .
V R SHROFF
(Expert) 11 December 2011
ONLY GROUND FLOOR TO BUYER, without Right of Land. Only Right to Ocupy and use.
Any Extra FSI, Or any number of floor that you are entitled to construct and use or sell, the buyer will have no claim, no right or interest in that as well as in any land , OR ANY WATER Tank, or Gate that is required for services of further constructions, including LIFT.
You continue to be landlord of the Plot.
Adv Shroff
11-12-2011
