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Sale deed of land

(Querist) 11 August 2013 This query is : Resolved 
Dear Expert,

My client had an ancestral land at titwala admesauring 45 gunthas .In year 2010 the legal heirs of the land entered into development agreement with an local builder for 27 gunthas for a consideration of 3 flats in the building constructed. later the building was duly constructed but builder fail to allot 3flats to the heirs.later one of the legal heir filed a suit against builder. today another builder wants to purchase the same land of 45 gunthas and already on 27 guntha building had been built people are staying in that building. can he buy the whole plot of 45 gunthas and get registered with registrar of sub assurances. will that flat owners will have to give NOC before selling this land? whether the suit has to be dismissed/closed at the court before selling this land ? kindly revert
ajay sethi (Expert) 11 August 2013
sell the balance land on which no construction has taken place . as far as 27 gunthas are concerned third party rights have already been created . dont further complicate the case
Advocate.Amol Choubal (Querist) 11 August 2013
many thanks sir for your valuable advice
Raj Kumar Makkad (Expert) 13 August 2013
This ia matter of common sense that 27 ghunthas of the land has already been handed over to builder by way of a duly registered agreement and thus there is no claim of the land owners over that land except by way of the terms of agreement.


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