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Does builder has right to construct a penthouse after registration


22-Dec-2023 (In Property Law)

I occupied the flat and registration was completed three years back 2012 april 31. now the builder wanted to construct the pent house . until now the builder did not hand over the original land papers and occupation certificate. does he have the right to construct the pent house and sale it.now what can we do?

Answers (1)

Answer #1
774 votes
Hello.first you see your sale deed/sale agreement go through it see the rights of Land Lord , builder, purchaser.
Go through the development agreement of Land Lord and developer .there it will be mentioned about owner right , builder rights. Purchaser rights.
If there is no such clause then all have owners of flats have equal rights to terrace in such cases we can file suit to prevent illegal construction .however court is there to prevent from illegal construction.

I need to go through your sales agreement and development agreement if available
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