Legal Question in Real Estate Law in India

Real estate(residential flat)

I am the owner of a residential flat in Kolkata. when i purchased the 2 bedroomed flat, i was told that the sanction received from municipal corporation was for a single bedroom whereas construction was made for 2 bedrooms. i was given the assurance that once i buy,it will accordingly be set right by applying to the authorities for regularisation of the default by paying the appropriate penalty. Now the promoter is delaying the process. I would like to know what are the rules of corporation regarding regularisation of construction defaults in relation to deviation from sanctioned plan. can the promoter be compelled to do the regularisation as the sale agreement contains such a clause. How lengthy such a process is.


Asked on 8/11/08, 4:08 am

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

Re: Real estate(residential flat)

Normally, a promoter can enter into agreement only in respect of sanctioned units.

If the Promoter has entered into agreement with you in respect of the unit i.e. flat not sanctioned by corporation, then you can initiate civil as well as criminal action against the promoter.

As regards regularization, you need to check with D.C. Rules of the corporation in that behalf.

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Answered on 8/11/08, 4:31 am


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