LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Second buyer does not accept the super area in office space

Querist : Anonymous (Querist) 27 June 2024 This query is : Resolved 
Dear Experts,

Events description in timeline:
-Purchased/allocated office space in an under-construction commercial building in Noida in 2017.
-First buyer took possession in mid-2022. The builder expanded the super area at possession by around 10%. The first buyer made payments based on the expanded super area.
-The First buyer transferred the same office space to a second buyer in late 2023 with full disclosure of property and documents.
-This second buyer claiming from early 2024 that the super area was inflated and began requesting a return of money in lieu of the additional super area from the first buyer.

Query: I am the first buyer here. I would like to know how to protect my interest as Second buyer threatening to drag me into a court case for increased super area. The builder is firm that Super area is correct.
kavksatyanarayana (Expert) 27 June 2024
Without getting registration from the builder with unauthorized extent by 14% is void. You could not sell the property to other party without having a title in your favour that too unauthorized extent. Then how can you defend?
Querist : Anonymous (Querist) 27 June 2024
kavksatyanarayana sir, The query is about Super area non acceptance by second buyer and not about anything else. I modified the query to articulate it in simple way. Thanks for your attention. Look forward to other experts response.
T. Kalaiselvan, Advocate (Expert) 27 June 2024
You are bound to oblige to the whimsical and meaningless demands of the buyer.
You refuse to entertain his claim and ask him to proceed legally which can be challenged as per law properly.
He cannot claim any relief in this regard at this stage.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now