Legal Question in Construction Law in India

Dear Sir / Madam,

I have purchased a flat in Kolkata and in the registration there is a clause like this "The PURCHASER further acknowledge that the 60% of the Roof of the said building has been reserved for the exclusive use and occupation of the VENDOR." Now the VENDER is saying that he will be construction rooms on the roof after he gets the Building Completion Certificate from Kalkata Municipal Corporation. Is this legal to do construction after CC? This is a G+3 flat.

Thanks and Regards,

Somnath


Asked on 4/11/14, 10:16 pm

2 Answers from Attorneys
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

It depends on how may floors are allowed to be built by the municipal authority. If the municipality permits then he has right to build. If not then you may obtain a stay in your favour against him from court.You may drop in a detailed query at [email protected]

To know us better, please click on the links below:

http://www.linkedin.com/pub/rajiv-chandhok/33/7b7/82

http://www.lawguru.com/answers/atty_profile/view_attorney_profile/username#more_info

JSR/12414

Read more
Answered on 4/11/14, 11:33 pm
Fca Prashant Chavan Expert Edge LLP

17.04.2014

Dear Somnath,

If the Seller is the land Owner, he / she reserves the right to retain rights on the rood. Any construction after the Building Construction Certificate (BCC) issued by the Kolkata Municipal Corporation has to be done with their prior approval & permission.

Regards,

Read more
Answered on 4/16/14, 7:16 pm


Related Questions & Answers

More Construction Law questions and answers in India