Legal Question in Real Estate Law in India
Real Estate
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.
Though he is claiming that he applied for the permission, but what if the same is rejected?
Should I go with him & give possession OR should I wait till the permission?
And if I wait till the permission, it is possible that my house can get damage & I can loose my claim on the rented house
2 Answers from Attorneys
Re: Real Estate
Wait till permission. In the meanwhile, issue notices to all concerned for preventing probable damages. You can also consider obtaining an injunction from Court.
Re: Real Estate
Builder is playing game.Donot trust on him. As per building bye laws in every multistoreyed parking area must be provided and aprking area can not be used for any other purpose including flat etc.Even if builder built any flat by definately violating building bye law then such flat shall be legal and shall definately be demolished in future.You may opt for flat on first floor or may wait till sanctioning of alleged plan.
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