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Builder has sold illegal floor to us
19-Sep-2023 (In Property Law)
We have bought a flat, its been sold as 4th floor to us. Builder told us that first floor is mezzanine floor, it counts as ground floor (STILT Parking), mezzanine, first, second, third, fourth. Now, we got to know that its illegal floor because mezzanine floor has same height. so, we are having trouble to sale it and even there is rumors like it could be demolished.
As per Delhi MCD, the allowed height can be 15 Meter as master plan 2007 and current height of Building is 16.1544 Meter.
We have registry with us which clearly states that this floor registered as 4th floor in government documents. Now, I need to know what action can be taken against builder, owner of that property if this situation arise. Please suggest on it.
Hi,
you may send a Legal Demand Notice, stating your grievances. Further, you may file a suit for damages. It shall also accord for a criminal case of cheating. For more information, feel free to have a word with me. All the best.
you may send a Legal Demand Notice, stating your grievances. Further, you may file a suit for damages. It shall also accord for a criminal case of cheating. For more information, feel free to have a word with me. All the best.
Helpful?
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Adv. Sahej Uban
Delhi | 500+ Answers
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Dear Client
Firstly, you have not specified that when did you buy the flat. If it is within limitation (we can figure out after we know full facts) you may file a suit for cancellation of sale deed against the builder (in case you do not want to sell the property). However, you may alternatively file a consumer case against the builder demanding compensation from the builder for defective services by virtue of which he sold you a fourth floor instead of third floor. You can also get a complaint case filed against the builder for cheating and fraud. Please feel free to contact to discuss more. You may fix an appointment to meet me at my office or call for detailed discussion. Final advice will depend on perusal of documents.
Firstly, you have not specified that when did you buy the flat. If it is within limitation (we can figure out after we know full facts) you may file a suit for cancellation of sale deed against the builder (in case you do not want to sell the property). However, you may alternatively file a consumer case against the builder demanding compensation from the builder for defective services by virtue of which he sold you a fourth floor instead of third floor. You can also get a complaint case filed against the builder for cheating and fraud. Please feel free to contact to discuss more. You may fix an appointment to meet me at my office or call for detailed discussion. Final advice will depend on perusal of documents.
Helpful?
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Adv. Mrinmoi Chatterjee
Delhi | 200+ Answers
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Hi first of all u can file a complain against him and all in the police station
Where u will be having all the documents and all and the proof the document and all the sale deed and all u have the right to tell in the complaint that how he has cheated u and all by selling the floor and all
Where u will be having all the documents and all and the proof the document and all the sale deed and all u have the right to tell in the complaint that how he has cheated u and all by selling the floor and all
Helpful?
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Adv. Yash Karan Jain
Delhi | 400+ Answers
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