Civil

Querist : Anonymous (Querist) 06 September 2011 This query is : Resolved
My client purchased a shop constructed in the cellar about 30 years back. the builder sold the same stating he had sanctioned plan for the same. recently the same was demolished by the municipal corporation on the ground it was illegal. my client now wants to file a suit against the builder for compensation can he do so. does the cause of action survive and could the corporation demolished the shop after 30 years of construction. please reply

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R.Ramachandran (Expert) 06 September 2011
The Municipal Corporation would not have demolished the construction (even if it was by any means illegal construction) without giving a notice. What did your client do when he received the notice?

Yes, your client can definitely go after the builder, based on the terms contained in the sale deed. Please see whether there is any indemnity clause in the sale deed.

Shastri J.K. (Expert) 06 September 2011
I agree with mr.R.Ramachandran

Raj Kumar Makkad (Expert) 06 September 2011
Why your client didn't approach you when demolition squad tried to demolish the construction?

Anyway, the act of corporation is illegal so compensation from both can be claimed.

prabhakar singh (Expert) 07 September 2011
I agree with experts.

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