Sale of car parking, garden,unapproved portion of illegal construction in a flat
S. Narayana
(Querist) 21 May 2012
This query is : Resolved
Sir,
I have purchased one apartment/flat on ground floor of residential apartments building. This residential building is approved by muncipality with clear title etc. My flat is sold to me builder with additional illegal area that is Utility area in a flat of illegal construction. This extra illegal area not present in approved plan (Blue copy) of Muncipality. Builder sold me flat with this illegal feature of extra constructed area and I purchased innocently. This illegal portion of my flat also added in my agrrement of sale and in drawing map also.
Sir, I wish to sell this flat now. If I sale my flat along with illegal portion of my flat as it is to new purchaser, Is it becomes any fault on my side? Suppose If any property suit/case comes in future? Is it causes any legal complications in future?. I do not want to fall in any legal complications. But the new purchaser wants this illegal area as it is from me in agreement of sale. What I have to do now? Kindly suggest me.
I know one way is that I have to change my agreement of sale with builder by removing this illegal area in my document of sale agreement. But this is not possible now. If I sale this illegal area to new purchaser, is it causes legal action on me or any future legal actions only on builder?
Kindly intimate me in reply.
Thanking you, Best regards
S. Narayana
Shonee Kapoor
(Expert) 22 May 2012
Sell by mentioning "as it is" about the illegal construction. Don't mention it specifically.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
