Contract of sale

Abhinay Kumar Shaw (Querist) 14 November 2012 This query is : Resolved
A promoter has constructed a Building of G+5 whereas he has got the sanctioned plan of G+3 and after the deviation from the main sanctioned he has already applied for the deviation plan 24% p.a. with the Booking money if he could not get the NOC from Municipality against the Deviation upto June, 2013.
Should the person go ahead or not.
Suggest on urgency basis what else clause or action to be taken should be mentioned in the agreement of Purchase of Flat with the promoter.
And also suggest weather the Roof is considered as the common passage included in the Super Builtup if the Agreement or sale Deed is Silent about it.

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ajay sethi (Expert) 15 November 2012
dont purchase the said flat . unless builder has building completion certifcate dont buy the flat . muncipal coproration has to give occupation certificate . if building not constructed as per sancyioned plans then top 2 floors would be illegal . avoid

Arun Kumar Bhagat (Expert) 15 November 2012
I too agree with Mr. Sethi.

Abhinay Kumar Shaw (Querist) 15 November 2012
But Could we pay the booking amount and rest of the amount will be given on serving the completion certificate

Raj Kumar Makkad (Expert) 15 November 2012
It is very dangerous to purchase such property which is already having no clear title. This is clear invitation to danger.

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