Rights of the terrace remains with the vendor
TR Madhavan
(Querist) 09 December 2011
This query is : Resolved
Builder of our apartment complex has put a clause in the registered sale deed of mine and others too: - ‘Right of the terrace remains with the vendor’.
1. What is the legal status of such clause?
2. In case of any future dispute arise related to the constructions and other amenities with the Government departments or with the buyers what is his status and other legal bindings?
3. Builder had sale agreement of a flat with another person, but sold it to the third person. In the registered sale deed it has been mentioned as follows; Builder named as Vendor, sale agreement person named as Confirming Party and buyer as Vendee. What is legal status of the Confirming Party named in the sale deed and liabilities?
Please elaborate.
Raj Kumar Makkad
(Expert) 09 December 2011
1. Builder shall be the sole owner of the area under terrace.
2. He being exclusive owner of the terrace can take part in all the disputes and can maintain his status accordingly.
3. Confirming party has no claim now against the builder or the actual vendee as he transferred his all rights in favour of subsequent buyer.
TR Madhavan
(Querist) 10 December 2011
Rajji thanks for the reply. Further,the builder has not constructed the building as per the approved plan and there was a case in the lower court between the municipality and him which recently went in favour of the municipality. As he is holding the terrace rights, as per law is not solely responsible for paying penalty fee to the municipality to regularise the construction as well as providing other amenities, safety measures etc as per the technical approval given by the local authority for construction?
