Legal Question in Real Estate Law in India

Sanction Plan

I am planning to purchase a flat where the Sanction Plan shows only 3 floors.But the Builder has constructed a fourth floor as well.Is it advisible to purchase a flat in that building.What action can the corporation take if it finds out the irr-regularity.I am thinking to purchase a flat on the second floor.

Please advice me should i purchase the flat or not.

Waiting for your Advice..Thanks and Regards.


Asked on 5/21/03, 3:05 am

2 Answers from Attorneys

RAJENDRAN C Lara&co

Re: Sanction Plan

In case the Corporation discovers the irregularity either the corporation may ask the builder/owner to pay penalty for deviation and get the constuction regularised or demolish the unauthorised portion leving the remaining portion. If at all you are interested in purchasing a flat in the building go for any floor other than the fourth floor. If you could provide me the plan and the lication I will be able to tell whether it would affect your proposed flat. Better consult a qualified Advocate before purchasing flat. Do not get the words of your builder's Advocate's words for granted. Do not go for the flat simply because other people are purchasing a flat. You have to take care of your future headahe.

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Answered on 5/26/03, 12:53 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Sanction Plan

There are two possibilities - one the Builder may be in the process of obtaining sanction for fourth floor & second the Builder is making unauthorised construction of fourth floor. In second case, it is not at all advisable to purchase a flat even on second floor as such constructions are not given Completion Certificate and consequently there are problems throughout.

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Answered on 5/21/03, 10:22 am


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