Legal Question in Real Estate Law in India

Real Estate

Thank you very much for the advice. I have below query.

1) If builder get permission to build the flat in parking place can we say it is Legal?

2) Meanwhile can I go for stay as my house is likely to damage because of construction going around the house? & if happens so, will I loose the claim?

MY Question was:

I am staying as a tenant since last 55 years. Land lord has sold the property to a builder & builder is about to develop an Apartment. After lot of discussion we both have came to a decision that builder will provide us a flat with a certain cost in this apartment which is to be built after demolishing my rented house. Builder is about to give us this flat at basement. I have seen the Permission letter of this apartment wherein the basement place is shown as PARKING PLACE. Builder is claiming that he has submitted revised plan with including our FLAT at parking place & forcing us to make an agreement & surrender the possession of rented house so that he can start the work of building the apartment. Second thing is that, my rented house is very old & it may get damage because of the construction work that the builder is carrying around my house. To the best of my knowledge, builder can not built house in parking place.


Asked on 5/21/07, 2:11 am

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

Re: Real Estate

If concerned Municipal Authority sanction flat, then same can be said to be legal. If you are shifting your residence based on agreement with builder for ownership premises, then you would be surrendering your rights in lieu of ownership premises.

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Answered on 5/22/07, 7:56 am


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