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murthy (Private)     15 December 2015

Sale deed objectionable clauses

Hi All,

Recently I received a draft sale agreement from one of the builder towards purchase of a 30*40 site in a one of the layout. Now I see the following (below mentioned) one clause which I feel objectionable,

"Only one residential dwelling unit shall be constructed on the Schedule Property. The construction shall be put up only after obtaining plan sanction and there shall not be any deviation from the sanctioned plan, while putting up construction of the residential house in the Schedule Property"

My questions:

-"Only one residential dwelling unit" means what?  Could somebody please elaborate more on this?

-Is it not a condition that builder is imposing on construction of houses to the purchasers?

To explain more on this clause and  to show how this is limitation on the purchaser side, please follow the below my understanding on this clause, "As per any planning authority, it will be allowed/approved to construct 3 floors in a 30X40 site. And my view is that I would like to construct building with 3 floors with each floor having 2BHK house which will have a different entrance through staircase from ground floor. So that I can rent out 2 houses and stay in one house"  As per the above mentioned clauses, am I allowed to construct 3 floors residential building with 1 house in each of the floors ?

Any thoughts on this ?

Thanks in Advance,

-Np



Learning

 2 Replies

Adv. Yogen Kakade (+ 91 9225510883)     15 December 2015

Hi,

Only one residential dwelling unit.. means only one building containing residential flats to be constructed in scheduled (the property mentioned in the schedule column of the sale deed) property.

The floors and the total area of construction (FSI) are to be decided by the town planning authorities. Get your building plan sanctioned from those authorities and get the construction accordingly.

Adv. Yogen Kakade

Jurycon Incorporation

Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in  

Kumar Doab (FIN)     15 December 2015

Submit your contentions in writing to builder under proper acknowledgment and let builder reply, in writing.

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