propery dispute

surender (Querist) 10 August 2009 This query is : Resolved
a person has give 5 lac as bayana and the builder is giving illegal property because the property is 32mtr+32mtr and building plan is sanctioned for each plot in different names and now the builder constructed the buildig on both plots withiout consent of the dda .

can i ask for refund and interest from the builder

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Advocate SK Rohilla New Delhi (Expert) 10 August 2009
Dear Surender,
Can you please explain how the said property is illegal?

In my opinion, Once Building Plan is sanctioned then further permission from DDA is not required by builder. If it is sanctioned in the name of another person than it will not make any difference. Only NOC of the person, in whose favour it is sanctioned, is required.

For refund, kindly go through the terms of Agreement to Sale.

PALNITKAR V.V. (Expert) 10 August 2009
If the proposed construction is illegal, you are entitled to ask for refund with interest.

n.k.sarin (Expert) 10 August 2009
I agree with Mr.Palnitkar.

sanjeev murthy desai (Expert) 10 August 2009
Dear Surender,

You have absolute right to claim your amount and interest depend upon your agreement.

sanjeev desai

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