Legal Question in Real Estate Law in India

When we bought our flats in 2007, we were given a brochure by the builder with three residential buildings in the same plot, now two buildings were completed, one is residential, and the second one the builder had changed it to a commercial building, ie. a hotel, which caused a lot of inconvenience to the residents of the first building....Can the builder really do that, changing the plan of a building from residential to commerical purpose??

Thank you for your advice.


Asked on 3/13/13, 7:01 am

2 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP

13.03.2013

Dear Sir / Madam,

(Prabhadevi, Mumbai, Maharashtra)

If the original plans while selling the flats to prospective purchasers were all shown to be residential buildings, the builder cannot subsequently make one building a commercial one. The residents may file a suit against the builder to stay with the original plan of all three buildings being residential else opt for cancellation and refund of their monies.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 3/13/13, 7:15 am


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