Purchase of flat in vasai - declaration required by flat purchaser
Arvina biju
(Querist) 03 January 2015
This query is : Resolved
My friend is purchasing a flat in vasai…one of the agreement clause read as follows:
“by and under development agreement dt—registered in the office of sub registrar vasai at serial no---the m/s xyz has authorized the builders herein to develop building no 3 fsi measuring ----mtrs which is to be constructed on portion of land bearing survey no --- hissa no---- village achole dist thane and to construct the building and to receive consideration money and further the original owners have agreed to convey the said property in favour of the cooperative housing society of the occupants of the tenaments in the said proposed building when formed and upon the terms and conditions hereinafter contained.
Prior to making application as aforesaid as required by the provision of Maharashtra cooperative societies act, 1960 (Maharashtra act XXIV of 1961) the flat purchasers has/have made a declaration to the effect that neither the flat purchasers own a tenement house or building within the area of municipal council virar”
It requires declaration stating that the flat purchaser does not own any flat in that area….even though she already has a flat in the said area….1. why such declaration is required for purchase of flat?
2. what is it legal implication?
Kindly elaborately answer the said query…thanks
Anirudh
(Expert) 03 January 2015
It is to ensure that the housing is not cornered by a few, but is also made available to those who do not have any.
Dr J C Vashista
(Expert) 03 January 2015
1. I agree with the expert advise of Mr. Anirudh. The basic purpose of incorporating such a clause is only and only to provide house to all.
2. For legal implication of this clause differ from case to case, which donot attract provisions of law at this stage but is a genric query. However, being an academic query it is advisable to consult a tutor/teacher to teach its implications.
ajay sethi
(Expert) 03 January 2015
agree with Mr anriudh
Arvina biju
(Querist) 03 January 2015
Dear all,
Thanks for ur advice....
As already mentioned my friend has a ownership flat in the same vicinity....Can she accept this clause and finalise the deal??
Arvina biju
(Querist) 03 January 2015
Dear all,
Thanks for ur advice....
As already mentioned my friend has a ownership flat in the same vicinity....Can she accept this clause and finalise the deal??
ajay sethi
(Expert) 03 January 2015
dont make any false declaration . purchase flat in name of any family member .
Rajendra K Goyal
(Expert) 03 January 2015
Consult a local lawyer and show him full document.
T. Kalaiselvan, Advocate
(Expert) 05 January 2015
You cannot expect any misguiding opinion by any expert here and will not advise you of a wrong thing, hence better consult your own lawyer and decide as per the prevailing circumstances.
malipeddi jaggarao
(Expert) 09 January 2015
No expert will advice you to give wrong declaration.
