Legal Question in Real Estate Law in India
my retired parents bought a resale property in noida extension which is under construction.they paid all the amount as per deal to the first buyer .but after transfer they got to know that there is penalty of 16 lacs imposed on first buyer by builder which is left unpaid .they didnt got to know it before neither from dealer nor from company before tranfer of name.now.............please suggest what legal action we can take.
1 Answer from Attorneys
18.09.2013
Dear Sir / Madam,
The unpaid penalty of the builder remains the liability of the first buyer from whom your parents purchased the under construction property, who ought to have clearly disclosed this fact to your parents prior to purchase. The Sale Agreement ought to have a clause that all expenses and liabilities which pertain prior to the date of sale, and which arise after the date of the Sale Agreement, will have to be borne by the seller, and based on this clause, the seller has to pay and settle it with the builder. You should thrust upon the seller to settle the builder, and simultaneously ensure that you get the property stamped and registered in the name of your parents.
Regards,
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