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one individual dwelling unit MEANING

(Querist) 06 September 2010 This query is : Resolved 
I am buying a residential plot. In the MoU it has a point which says:
The property mentioned herein under will not be used for any kind of
commercial purpose like putting up of telephone booths/ tailoring shop/ cyber
cafe/ coffee shops etc. it can be strictly used only for residential purpose and the
Purchaser also confirms to the Vendor that only one individual dwelling unit
would be constructed and NO multi-dwelling unit nor Apartment would be
constructed.

Can anybody explain me the term "only one individual dwelling unit" and the meaning of the above mentioned point. Does this means that if I construct G+2 floors, I can not give the floors on rental purpose. FYI this property is in Bangalore.
Answers would be appreiated.
Thanks
Anand
Devajyoti Barman (Expert) 06 September 2010
Who is the vendor? If the Vendor is the govt or any public authority and there is special provision of law in effect in that locality then and then only such kind of restraint clause can be incorporated. The sale once completed makes the purchaser absolute in his own rights and the vendor is divested of any right to impose any kind of restraint unless specifically provided for by any special legislation.
R.Ranganathan (Expert) 06 September 2010
It seems you are purchasing Plot from Bangalore Development Authority. As such you are bound by the terms and conditions laid down in the agreement/MOU. It will also be containing other restriction clauses like cannot alienate the property for a minimum number of years.After that period you can do so since you become an absolute owner of the property. Restrictions are only for a limited period and cannot be perpetual or permanent since you are the purchaser having paid the entire consideration.
Rajeev kulshreshtha (Expert) 06 September 2010
I agree with Mr. Barman.
B K Raghavendra Rao (Expert) 06 September 2010
It means only one house for residence of one family unit has to be constructed. Normally government allotment of sites under special category would insist this clause because the government intends to provide shelter to each and every one and not for profit purposes by renting out additionally constructed houses.
Anand_Bangalore (Querist) 06 September 2010
Hi,
Thanks very much for you replies.
This property is of Confident group-Ivory Coast in bangalore. So they are creating a Gated Community, where some association will be formed of the residents. They bought this land from government (BBMP), and doing the plotting for the Township. Since this would be on my name,I wanted to know that, is this clause restricting my motive to give this property on Rental after construction. I am planning for three floors on this plot.


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