Legal Question in Real Estate Law in India

Hi, I have booked an apartment Flat in Bangalore. While verifying agreement i found that they haven't specified possession date of the flat clearly.

When i asked them, they are saying we will give you the different letter on company letter head specifying possession date for my assurance. When i asked them to add the possession date on agreement itself, they are not ready to that as per them, if they add or change the agreement it will be legal problem for them self as they already have done the same agreement for earlier sold flat to different purchaser.

Due to those legal issue, they can change the agreement only for me.

I just want to validate their comment, Is it legal issue for the developer to ask for change in the set agreement as its been done already with other purchaser it will be legal violation for them in this case.

Id it really true that developer cant change anything in agreement for one purchaser when its been already done with other purchaser.


Asked on 10/30/13, 10:23 am

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

No the changes can be made for different purchasers. You may drop in a detailed query at [email protected]

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Answered on 10/31/13, 12:04 am
Fca Prashant Chavan Expert Edge LLP

31.10.2013

Dear Sir / Madam,

NO, there is no such rule that the Developer cannot amend the Agreement. Mention of the tentative date of possession of the flat is important in the Agreement, otherwise the Developer will be entitled to drag the project beyond the possession date if not mentioned. You should insist that the tentative date of possession is specified in your Agreement.

Regards,

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Answered on 10/31/13, 4:44 am


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