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Habeeb Syed (Member)     24 June 2014

Buying from landlords share

Hi,

I have booked a flat in Hyderabad (approved by HMDA) being developed by a very reputed builder who has many projects completed as well as running. 

However the flat that I booked belong to owner of the land on which the apartments are coming up.  Builder told me that the flat is given to land owner as share of his partnership in project.  He is fecilitating the whole transaction between me and the land owner

I have given advance check in the name of land owner (not builder).

Do I need to take some extra precautions here?  

Do I need to take any kind of no objection from legal heirs of land owner (who owns the flat at the time of sale to me)?

Thanks in Advance,

H Syed



Learning

 1 Replies

Shivesh Sinha (Legal Adviser)     01 July 2014

Dear Mr. Habeeb Syed,

Have perused your query seeking advises with regard to having booked a flat out of the scheduled share of the Land Owner.

Your message, under reply reveals the following facts in brief :-

a) You have booked said flat in a Building being erected and developed by One Builders / Developers by virtue of the relevant Development Agreement executed between them and the concerned Land Owner, having his share in to be constructed flats.

b) As against said booking the said Builders is facilitating the relative transaction between You & said Owner.

Under said facts & circumstances you have sought advise on following 2 points :-

i)  Do You need to take some extra precautions here?  

ii) Do You need to take any kind of no objection from legal heirs of land owner (who owns the flat at the 

    time of its sale)?

MY OBSERVANCES :-

(A) Your message does not speak of any Purchase Agreement being executed or not and if, with whom ? - It requires to be clarified.

(B) Said Construction is yet not completed nor yet the relevant flat is delivered in possession of said Land Owner (though it is presumed required demarcation of Owner's area might have been made by certain understanding / agreement between the Builders & Owner). - It also requires to be clarified.

(C) Unless said delivery of possession over the flat is made, the legal title of the said Owner is in vain, except certain terms of the Development Agreement in his favor and hence there must be an agreement (which you might have entered in to purchase the said flat) with the Land Owner &  Builders as the necessary party to it. - It again requires to be clarified.                                               

MY ANSWERS: -

a) For extending my appropriate Legal Advise pertaining to your query, all relevant  documents, as stated above are necessarily to be examined.

b) Having booked said flat, your legal status is as a CONSUMER within terms of the provisions of the Consumer Protection Act, 1986. 

c) You may refer your detail query with all relevant documents, you possess to a website serving all consumers free legal advise and assistance :  www.powertoconsumer.in

Feel free to approach to me through said website by generating your Complaint and by attaching all documents through its email i.d. shivesh@powertoconsumer.in

THANKS,

SHIVESH SINHA,

Advocate Cum Legal Adviser to www.powertoconsumer.in 


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