Legal Question in Real Estate Law in India

Can a builder register an agreement to sale of a flat even though he does not have approved plans of the building.

AND IF HE HAS DONE SO CAN I FILE A CRIMINAL CAMPLAINT AGAINST HIM.


Asked on 6/01/10, 4:42 am

1 Answer from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

In Maharashtra, area where provisions of the Maharashtra Ownership Flats Act are applicable, a builder can enter into and register an agreement to sell flat only after having obtained sanctions or approvals for the building proposed to be constructed.

In case of default/breach of this mandatory provision, the builder is liable to be prosecuted.

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Answered on 6/02/10, 9:43 pm


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