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Andrews (ti)     20 February 2011

Validity / Legality of property documents.

 

Hi all,

I am new to this web site, but I hope several senior / experienced lawyers are monitoring this. 

I recently booked an apartment in Bangalore with a known / major Builder. Before I go ahead and sign an agreement, I wanted few clarifications from the builder, and I am not entirely satisfied with the answers:

1. The whole project is a Joint Developement Agreement between the builder and the land owner, where the registered documents say, builder will construct 40% of flats for Owner and keep 60% to himself. A registered power of attornery also exists where the Owner has given almost full powers to Builder, without specific mention of valdity. memorandum of agreement was signed between the two parties to reach an understanding of what all flats for Owner and Builder.

My question is: Is Power of Attorney valid enough to protect my apartment posession in future? Should I insist they register the exact flats/houses alloted for Owner & Builder? 

2. If BDA approval is given for G+6 floors, can they construct G+7, within the same height and withinpermissible limits of FAR? Can it affect my apartment in 1st floor?

What should I insist from the Builder? My lawyer says, these are not major issues, but maybe I still have concerns before I put my hard earned money. Any thoughts / comments are highly appreciated.

Thank You.



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