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sanjay bhandari (GM)     05 December 2015

Clauses in sale deed

i have paid 85 % of the purchase value. Now i want the sale deed to be registered. I have obtained draft sale deed copy. surprisingly it contains a clause giving blanket permission for construction of additional storeys and other such construction :

The Seller shall continue to have the right to make additions, raise storeys, put up additional structure etc.,as may be permitted by the Local Authorities  and all such additions shall be the sole property of the Seller who will be solely entitled to dispose it off in any manner it wants and the Purchaser will have no objection in carrying out the construction of additional storey’s, even if any inconvenience is caused during the construction till the above construction is completed. 

I have asked them to inclused following terms

without causing damage or harm or making unstable  the existing structure of Complex & architectural aspect.

The super built area of the purchaser thus reduced by the addition of storeys, saleable structure shall be taken into consideration for all monetary outgoes including levies, taxes and maintenance charges thereafter, and compensation, if any, be reimbursed to purchaser.

The builder is threating that they will not change the terms of sale deed and you have to sign the sale deed in toto as has been provided. Otherwise they will claim penalty for delayed payment.

What should i do... is there any way i can force him to include the terms... how can i avoid penalty charges although i am ready to register the sale deed... 

 

regards

 

 



Learning

 1 Replies

Adv. Sagar R. Jadhav (Proprietor)     05 December 2015

You may send him legal notice mentioning all your queries or amendments required in said agreement, even he wont follow said letter then also you will be with some evidence about raising this issue at prior stage. he might settle the issue after this legal notice.


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