Sale deed clause on unauthorised construction in delhi
sandeep
(Querist) 30 October 2011
This query is : Resolved
A new mandatory clause has been introduced for all sale deeds executed in Delhi which states that if the property under sale is found to have unauthorised construction later, both vendor & vendee shall be liable and the sale deed shall be treated as null & void. What is the implication of this clause considering over 75% houses in Delhi colonies have illegal construction. In such a case what would be the fate of the sale transaction and the property in question? Please reply urgently if possible.
With best regards
ajay sethi
(Expert) 30 October 2011
in other words the byer loses his money . if buyer loses his money he will claim it from seller . before purchasing any property crosss check whether it is authoeised , plans are approved or not
Sailesh Kumar Shah
(Expert) 31 October 2011
Can you provide copy of notification about 'A new mandatory clause'?
After providing, I shall reply of your query.
prabhakar singh
(Expert) 31 October 2011
CAVEAT EMPTOR !
SUCH A CLAUSE IF RULED TO BE INCORPORATED IN ANY AGREEMENT AS OF NECESSITY THAT MEANS BUYER MUST NOT BUY WITH OUT CHECKING THE SANCTIONED PLAN ELSE HE SHALL LOOSE ALL CONSIDERATION PAID .
sanjeev murthy desai
(Expert) 31 October 2011
If such new clause is introduced under any notification and such notification shall not be applicable to all the colonies. Such notification seems to be not retrospective.
R.Ramachandran
(Expert) 31 October 2011
I do not think that there is any Government Notification in this regard. It appears to be an imaginary clause by the querist.
Sailesh Kumar Shah
(Expert) 31 October 2011
you are right Sir. I also think the same. In my opinion, merely notification can't solved the purpose. Amendment in TPA and contract act also be amended accordingly.
If really notified, author please avail us.
