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Rakeshh Gawale   22 August 2023

Clause in sale deed

I am buying a NA plot in resale within a gated resort plotting layout in Maharashtra. The developer has put a clause in the sale deed that, if the buyer wants to do construction on the plot, he needs to get it done thru the developer only. Is this a valid clause? Does sec 11 of TPA provide relief to this clause?



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 6 Replies

T. Kalaiselvan, Advocate (Advocate)     23 August 2023

Where, on a transfer of property, an interest therein is created absolutely in favour of any person, but the terms of the transfer direct that such interest shall be applied or enjoyed by him in a particular manner, he shall be entitled to receive and dispose of such interest as if there were no such direction.

However the builder cannot force you to get the house constructed thorugh him alone, this type of dictates are considered as deprivation of individual rights and illegal.

 

 

1 Like

Dr. J C Vashista (Advocate )     23 August 2023

What is "NA" plot used by you.

Real Soul.... (LEGAL)     23 August 2023

No that is conditional sale, you should not accept that .

1 Like

Rakeshh Gawale   23 August 2023

Actually, the previous buyer (i.e. the seller in my case) has already accepted this condition in his sale deed with the developer. Accordingly, this clause will appear on my sale deed too. Can I ignore this point.

Advocate Bhartesh goyal (advocate)     23 August 2023

The said condition was between builder and seller so you are not bound by that . Seller can't  impose this condition on you.

1 Like

T. Kalaiselvan, Advocate (Advocate)     23 August 2023

This type of condition is unheard of.

There is no compulsion on you to abide by the conditions imposed in the sale deed of your vendor. 

Even if it is accepted that your vendor had agreed for the conditions imposed by the builder, iit will be applicable only to him and not that he can impose the similar condition to the buyer, because he is neither the builder nor he can come in the way to restrict you from choosing your own builder to construct the structure as per your design and desire. 

If there is any force then you can drop the proposal to purchase it or ask the vendor to remove the same in your sale deed. 


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