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Lokesha S (Engineer)     21 August 2023

Violation of sale deed terms

I had bought a cottage ( land and constructed area of same size, approx 57 sq meters) in a commercial resort (has commercial conversion).  In the sale deed it is clearly mentioned, the cottage has current and water accounts which I need to transfer to my name using sale documents.  During sale he had provided temporary connection.  After sale I had asked many times to provide water and current account details, which I will transfer to my name.  

The seller has failed to give any document.  I have also sent legal notice asking the details of water and current connection. I also came to know he has not taken any separate current and water connection to my cottage. 

Now the resort owner who owns few other cottages and is running resort is asking for maintenance charges and disconnected water.  There are no agreements or talk of maintenance fee when buying the cottage.  Moreover the cottage should have current and water connection from local authorities as per sale deed.

 What remedy I can seek from court. 



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     21 August 2023

You can file a suit for specific relief seeking a direction to the seller to provide the relief as per the conditions of sale deed and also an injunction application against the resort owner to restrain from disconnecting the essential basic amenities and also to restore the disconnected services 

Real Soul.... (LEGAL)     21 August 2023

It is better to apply for Electric and water connections as you are the owner now.


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