Regarding a clause in sale deed
shakti ranjan rath
(Querist) 07 September 2012
This query is : Resolved
Dear Sir,
I have bought a flat in Hyderabad in a gated community from a builder recently and the sale deed got executed on 29th August. Later I saw a particular clause in the executed sale deed that I had not noticed earlier. Kindly suggest if the below clause can be misutilized by the builder against the flat owners. If yes, what can be done now,since the sale deed is already executed and is in safe custody of HDFC which has funded 80% of the flat cost. The clause is as follows:
"In the larger interests of the project and comfort of flat owners, the Party No.2/ Developer are entitled to carry out ( at their discretion) all or any structural changes, modifications, either to a block/tower/ in any flat, which may result in any alteration, change, deletion or creation of or to in the block/Tower or Apartment."
Y V Vishweshwar Rao
(Expert) 07 September 2012
It appears - that - the clause is -in the larger interest of Project and Comfort of Flat Owners - generally this clause may not be invoked unless the clause conditions are complied/ serve the purpose - the same can not be used by builder on his own decision - unless the larger interest and Comfort of the Flat Owners is established & require the same - in such eventuality the Flat Purchaser whose Flat to be effected will be otherwise accommodated / or /compensated adequately- let us wait for other experts opinion also !
J K Agrawal
(Expert) 09 September 2012
This condition appears a general condition so that in some acute necessety if any small modification or help is required builder can use this clause.
Its misuse is possible but knife is generally used to cut fruits and not throats.
shakti ranjan rath
(Querist) 13 September 2012
Thanks a lot to both the experts for their valued input. Now I can heave a sigh of relief. Still, It would be reassuring if I can have opinions of other experts as well.
Thanks once again.
prabhakar singh
(Expert) 13 September 2012
Generally these conditions are smarting out
which can not be utilized against vested interest of the buyer.
