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Rangan N (PL)     20 December 2011

Residentia to commercial

Greetings,

I am going for agreement of my flat in near future. I was going through sample agreement I got from the builder and saw the following clause in it.

"Further the Purchaser agrees, admits and confirms that the Developers have apprised them of the fact that, during the completion period as aforesaid, if the market scenario or prevailing circumstances necessitates a change in the user from Residential to Commercial or vice-versa then in such an event the Developers shall be entitled to make such changes save and except the building/s in which the said flat is situate and the Purchaser/s hereby undertakes not to raise any objection and/or dispute in respect thereof"

Can someone please explain me this clause and its impact on the purchaser. I am specifically worried about this line in the clause ".....change in the user from Residential to Commercial....."

Thanks in advance for the response

Rangan.
 



Learning

 3 Replies

Rajesh Hazra (Mediator and Legal Counsel )     21 December 2011

This is the advance provision that the developer/builder has kept open to make the requisite modification in the structure and the purpose of the building to commercial in near future.

Rangan N (PL)     21 December 2011

Thanks Mr. Rajesh for your response. I reread the clause after your response and it seems that the builder can not change the building in which my flat is located from residential to commercial but he can change my "type" from residential to commercial. Is that possible? If yes, then what would be the impact on me as a flat owner? Will I need to pay extra taxes because of being a commercial user?

Kindly let me know.

Thanks.

Rangan N (PL)     27 December 2011

Can someone please reply to my query.

Thanks much.

Rangan.


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