He has to register the supplementary deed if not you can file a case against builder in consumer court or writ petition in high court
Raising additional floor
We've made a sale cum GPA agreement with the builder for constructing G+3 apartment (2 flats in each floor).As Owners, We've retained 2 flats. In the same agreement the builder mentioned a point saying "if at all the law changes and gives permission for further construction, it will be entirely for builder". However, the buider has now raised another floor, He took the approval through BPS from the required authorities. Now the builder requires the supplement deed to be registered and is asking to sign for registration. How can the builder get the plan approval without the supplement deed being registered? Also, we have retained the flats only because its 4 floors. But with 5 floors now it is getting congested. I do not want this to go ahead. Who is legally right on this issue.? Can i sue the buyer?
Asked 4 years ago in Property Law
Religion: Hindu
10 Answers
1. Suing the Buyers or Builder is not going to be fruitful and will grossly be Time & Money consuming.
2. Instead re-negotiate with the Builder for fresh terms & conditions and other benefits. Typically the builder would also be expecting this, since any delay would cause him losses, due to lack of your signatures of all relevant documentations.
Under your agreement with builder he can carry on further construction if plans are approved by authorities
2) builder has got plans approved
3) he can sell additional flats constructed by him
4) you would have to register supplementary deed
In the original agreement this condition was agreed by you and got the same executed legally.
Now you may not be entitled to raise an objection to this.
If the builder decides to proceed through court then you may not be able to defend your interests.
Hence it is advisable that you may sort out the issue amicably to avoid stretching the litigation.
No need of supplement for approval. Your consent is already in agreement but this is managed approval and illegal.
You have agreed for further construction, now you cannot turn back but tell him show you sanctioned order. Either it will be fake or illegally obtained.
Can sue only against illegal construction/above permitted limit.
1. There is no wrong done by the builder as to get approval for further floor neither he requires your consent nor any deed to be registered before that.
2. However after constructions of the additional floor you would be stipulated to register the deed of sale in favour of the prospective buyers.
3. When in the JDA you stipulated to allow the builder to construct additional floor you can not resile form that position anymore.
In your development agreement you have sold the right of the terrace to the Builder as per the agreement you have got the flats and builder had got the permission from the regulatory authority to raise the building from the terrace some more floors.
There is nothing wrong in the argument which is in favour of the Builder to go for the construction on the terrace you can make only objections in case the terms of the agreement has not been fulfilled by the builders and there is any contravention in in part of the Builder to complete the construction and the floor has been raised in in contravention to the agreement.
If this is equation then you can go to the court for specific performance of the agreement
if the builder has mentioned that you cannot object to him putting up additional construction, then he has used this clause to his advantage, if this clause is not mentioned and still he has proceeded then this is illegal and you can complain about this illegal construction to the competent authority who will demolish this structure.
1. As per term in agreement mentioned by you in your question "if at all the law changes and gives permission for further construction, it will be entirely for builder" builder can construct extra floors if he gets approvals from authorities.
2. So you are under obligation to register supplementary deed as per agreement.
3. Builder is legally right in this situation.
Dear Sir,
It is a complicated issue as such you may immediately approach civil Court and get a stay order against the vendor as original permission is only for G+3. Further agreement in respect of changed law is not entered between yourself and your builder. Thus, you can prevent the builder from selling apartments on 5th floor.
