Sir if developer is.making a gated community then he shall make uniformity among kind of stucture so he can impose such condition and if you agree to same , same shall be binding in case of breach developer can file for cancellation of sale as it is a valid contract.

The clauses that have been put forth by the builder in the agreement is not against the building norms of the govt authority. He has put these clauses as per the sanctioned plan and/or he may be trying to achieve a design as per the blueprint of his final plan.

Therefore discuss this with the builder as he cannot stop you from following the rules and procedures of the govt.

Regards 

You can carry on construction of third floor permissible by law provided you obtain permission from muncipal corporation 

builder by agreement cannot deprive you of right to construct additional floor 

If you execute the agreement, the terms and conditions of it would be binding on you and in case of any breach of any term of agreement, the builder can sue you, even if the government permits so.

You should ask the builder to remove this clause before buying the property so as to avoid any dispute or litigation in future.

Single dwelling unit is single flat.

1) in event builder seeks to cancel the registered sale deed he would need to obtain court orders 

2) take the defence that third floor is permitted by law and you were forced to agree to such clause . That agreement was arbitrary , one sided 

3) regulations imposed by govt would be binding 

3) you should with prior consent from authorities construct third floor 

The builder is entitled to put such clauses even if they tend to restrict or take away from the entitlements under the government law

The plot is being sold to you subject to these conditions 

So if document is registered in your name and if you breach the height and dwelling unit number restrictions, then builder can legally file a suit against you for specific performance of contract 

Such conditions are put so that the structures coming on the entire land of the project are uniform and not haphazard

The above is a restrictive view considering contract and is not binding on buyer 

if the plot is being sold to you on ownership basis, then i dont quite see how the builder can place such restrictions. 

The above clauses would have been applicable and binding, had the contract been that of a lease of land

In case of ownership land, the owner buyer can do whatever he wishes with his plot so long as he complies with the local body building regulations for making constructions on the land

So in my view such clauses are voidable at instance of buyer as they tend to take away or reduce the bundle of rights sought to be sold on ownership basis 

There is a difference between lease and ownership 

The builder's stipulations seem more like that contained in a lease and not ownership document 

1. Yes he can file same on breach of the condition of contract as sale deed is a contract between developer and you.

2. See the restriction by government is law and that shall be binding in any terms and the one imposed by builder is mutual contract and it shall be applicable too.

3. If he is not complying to  your request either purchase other property or you have to satisfy condition of the sale if you agree to same.

Hi,

In these condition, you may proceed against developer/builder. 

1. You can construct the the 3 floors c rossing 10 mtrs restriction put by the developer as per law.

2. Other buyers of the gated community and also the developer can sue you for breaching the terms of the agreem,ent.

3. However, you can contest the case, if afiled by the neighbours or your developer, fittingly since it is your right to construct your house as per the law of the land.

You have intended to build your house property as per your desire but by following the roper procedures and the rules laid down for the purpose , the builder by agreement cannot deprive you of right to construct additional floor.

Therefore discuss this with the builder as he cannot stop you from following the rules and procedures of the govt.

In case of ownership land, the owner buyer can do whatever he wishes with his plot so long as he complies with the local body building regulations for making constructions on the land.

If the builder is threatening to cancel the registered sale deed, you may ask him to go ahead because he cannot unilaterally cancel the same without approaching court of law, in the court he has explain the reasons seeking cancellation, which do not appear genuine.

Since there is no law restricting you from constructing the additional floor, the terms or conditions imposed by the builder which is arbitral in nature cannot be enforced in law.

You need not be afraid for the consequences thereon in case one arises because you have not violated the law or rules for this purpose.