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Praveen Hariharan (Advocate)     05 December 2007

Setting aside Sale Deed

my company has purchased a property, which is the first floor of a three storyed building. and along with the buidlign we are conferred with undivided share of the land also in which the property is lying.

when we purchased the property, it was just two floors and after purchase, the seller started construction of the second floor also. now we come to know that teh govt has announced a scheme to regularise building rule violations. had teh second floor was not constructed, there would not have been any violation.

so now what is teh remedy available to me? can i file a suit to setaside the sale deed? or are their any alternative remedy?


Learning

 3 Replies

Shambasiv (n/a)     05 December 2007

File a suit against seeking injunction from putting up any constrution. Unless there is a clause in the sale deed permitting the seller to put up further construction, the seller is not permitted to put up any construction. In view of the constructioin being made, your undivided share in the land come down thereby reducing the value of your property.

Praveen Hariharan (Advocate)     05 December 2007

but then teh construction is already made and it is almost an year now.

Shambasiv (n/a)     05 December 2007

Then, file a suit for mandatory injunction seeking to demolish the construction.

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