Is the clause in the development agreement? Is the clause in the development agreement?

2 years ago

W e are negotiating to redevelop our 36 years old building. Presently only 6 apts in building. Four members are owner of the top terrace. This is mentioned in their agreement/sale deed. They are demanding to continue this ownership right or compensate in carpet area or some other way to protect ownership. These four owners have also ready to consent for use of terrace by the residents in new building. New building will have 12 Apts.

Anik

Responded 2 years ago

View All Answers
A.Hi,
As long as the clause does not hamper the free use of the property of any other person then it is not illegal. The division of the property of a flat and building can have different clauses according to the agreement before the completion of the building and there is no bar to the same.
Thank you. Kindly rate the answer
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
You will have to negotiate the terms of the agreement with the builder and all the stakeholders together, and reach a consensus. You will also have to take the advice of the local lawyer, who is apt in dealing with such related matters, as it requires knowledge of the local laws.
If you like my answer, please rate me.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Pardeep Kumar Dhiman Dhiman

Responded 2 years ago

A.Dekhiye aap ko ek aise advocate se contact karna hoga jo aap ke idhar ke kanoon ke baare me jankari rakhta ho. Kyonki aap ke kathanusar kuch conditions ki baat ki gai hai. Ki kya aap ke yahan par koi conditions lagu hoti hai ya nhi .aap ko advocate jo aap ke sahar ke ho vo sahi parkar se guide kar sakta hai.
Please respond
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 2 years ago

View All Answers
A.Dear Sir,
You may discuss the matter with local legal experts and negotiate the terms with the developers. If terms are not feasible then switch over to another developer. You may better approach local lawyer who is aware of local laws.

Rate me Five Star*
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconHeavy Deposit Money Not Returning
Dear Client, Your query requires more details to address it suitably. You expressed your concern but not a cause of action behind that concern that attracts a legal remedy. It is a virtual platform w...
question iconSon harnessing mom for her property
Dear Client, If the property left by your deceased father intestate, i.e, that is without any will and it is his self-acquired property, all the surviving legal heirs of his family including your moth...
question iconTransfer of Membership in the records of RWA
Dear Client, In the given situation, please keep the track of encashment status of all PDCs issued to the Association for all purposes, and once all PDCs are encashed as per the Bank Statement, contac...
question iconRemove wifes name from share certificate & sale deed of property due to dispute
Dear Client, Your wife need to execute a relinquishment deed or gift deed in your favor to remove her name from the sale deed. If she denies it, you can file a suit for declaration before the civil co...
question iconForcefully shifting PG
Dear Client, A dispute between a tenant/PG and landlord/Building owner is resolved under the state-specific Rent Control Act under which a Rent Controller or Addl Rent Controller is appointed to deal...