whether the buyer can suo moto prepare a sanctioned plan of his area of occupation
C.A Alok Mukherjee
(Querist) 04 July 2011
This query is : Resolved
In a property sale matter i came out a situation which i want to know the legal validity. The fact that the buyer of the ground floor was previously the tenant and the owner under an agreement is disposing the tenancy by selling the occupied portion of the tenant to him. The tenant got every documents properly executed save one document which pause the doubt. The owner could not produce a copy of the sanctioned plan of the house and in turn the buyer got it executed a plan of his occupation by the architect and thereafter got it sanctioned by the appropriate registration place. Is it a valid execution. Can that not a problem in absence of a getting the sanctioned plan copy of the house.
S. Bharath
(Expert) 04 July 2011
Sale deed and sanctioned plan serve different purposes. Plan sanctioning has no relevance to registration. If you are concerned as a prospective buyer, you may get copies of the sanctioned plan [earlier as well as the later one] from the local body or the planning authority.
Devajyoti Barman
(Expert) 04 July 2011
The copy the buyer attached must be regarding his portion only and not the whole building.
If the portion the buyer has purchased lawfully then why are he pondering over the sanctioned plan of the whole building? That is not of much importance unless the building is built on a vested land or some govt land.
C.A Alok Mukherjee
(Querist) 05 July 2011
very true Mr. Barman. Thanks for clearing the doubt.
