Sale deed regarding apartments-defective titles
M.Chandra shekar
(Querist) 17 October 2009
This query is : Resolved
The builders buy/enter into joint development agreement and build apartment blocks. Generally they violate and deviate from the sanctioned building plans. While selling the apartments, they recite the exact extent of the constructed (super built up area) area in the sale deed. Normally the super built up area is much more than the sanctioned one. For Example. The sanctioned FAR is 10,000 sft, the builder builds 20,000 sft and sells 20,000sft and recites the same in the sale deed.
How can he sell the property, which has a sanctioned plan for 10000sft. is it(sale deed) not a defective title?
What are the provisions under the law to rectify this?
What is the status of the law in these cases?
What is the status of the property in such cases?
joyce
(Expert) 17 October 2009
one cannot deviate the sanctioned building plan, if it is so then buyer will be under risk of defective title. problem of encroachment and set back spaces etc. will be raised. it can be rectified by agreement of sale-deed mentioning the sq-feet exactly and operate the fainance matter as to the concerned facts and annex the sale deed to the original one by way of ratification-deed.if u doubt as to plans voilation, then written request for ur construction plans & its area is to be clearified with ur civil engineers & contractors who deals with.
joyce
(Expert) 17 October 2009
Still Iam interested to known the answers from other experts.
Raj Kumar Makkad
(Expert) 18 October 2009
Various actions civil, consumer and criminal can be initiated against such builder/developer individually as well as collectively through association etc. Such accused can be punished well within the law and they are also bound to return the amount charged from allottees of such flats/houses.
Sachin Bhatia
(Expert) 18 October 2009
Better to approach to the consumer forum and you can also initiates criminal proceeding against such builder/developers.
Elango
(Expert) 18 October 2009
I do not agree with Mr.Joice. If at all there was a deviation in construction from the approved plan, the builder ( or even the purchaser) shall get the deviated structure approved by the Authorities, by submiting the plan containing actual constructed area, by paying necessary charges, making arrangements for the basic conditions that should have been fulfilled - like open space, space for common provisions, etc., - and thus the construction could be legalized. Where it is legalized, the sale of the actual constructed area would be justified.
M.Chandra shekar
(Querist) 18 October 2009
The deviations and violations are beyond regularisation. Hence, it cannot be approved or regularised.
What is the status of the sale deed executed?
is if defective or not?
How to rectify this?
The Delhi High Court has directed the RBI not to finance buildings, which have violated the sanctioned building plans and go only by the compliance, non-compliance will invite the recall of the entire loan sanctioned on the property under its master circular on 01-07-2009. One of my client has bought such a property and it cannot be regularised or legalised. What are the provisions?
The buyer is not bothered about the builder now. He is worried about his title. If the bank recalls the entire loan at a stretch, he cannot repay and at the same time, due to violations and deviations, he might not be able to sell.
What are the avenues available to rectify this? The Corporation has issued a notice to demolish to un authrosed construction?
What are the options available?
