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Sale deed of Top floor restriciting any construction above Top floor
07-Dec-2023 (In Breach of Contract Law)
We have sold the 4th/Top floor with roof right and buyer has initiated construction of 5th floor which is neither allowed as per Delhi Municipal Act nor as per sale deed. Since in sale deed there is specific point mentioned as below:
''Vendor has restricted the right of construction above 4th floor''
My question is Can we initiate breach of contract and claim back the 4th floor from the buyer since he has initiated construction of 5th floor? It is pertinent to note that municipal authority has issued notice to him for initiating such illegal construction and property has been booked by MCD.
I have perused the contents of your query and would advise you to issue a strongly worded legal notice restraining them to stop the illegal construction with immediate effect, failing which a suit for mandatory injunction be filed.
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Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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In the light of the above mentioned facts and circumstances, claiming the 4th floor may be a little too far fetched. However, one may sue such a defaulter for damages arising out of such breach of contract. Further and better particulars are needed for an effective opinion.
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Adv. Tushar Kumar
Delhi | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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