agreement to sale

Question

► Builder has provided project with rera registration certificate of a project having four buildings and given four building nos as 17 18 19 20 and a list of survey nos. In the agreement of sale the schedule 2 mentions in same manner that is list of bldgs and list of survey nos and there is no link of bldg no to the survey no. This is not there in any of the documents like approved development plan of bldg. I feel that the agreement should mention the bldg no with alongside the surveyno / nos and the areas of the plot on which my bldg stands so that my ownership to the plot is clearly established and the conveyance to my bldg society will be done without problems. But builder is refusing to do. I have not registered the agreement yet. Is the agreement ok or I should get the schedule 2 rectified.

Answer 1

Dear Client,

Your fear is justifiable. Even though it is normal practice that the agreement and RERA registrations may include information about multiple buildings as well as survey numbers under a particular project, the property description should be clear enough to ascertain in which building your flat lies and which portion of the land is associated with your project. In case there is any doubt regarding the link between building number and the survey numbers associated with it, it might create problems in the future when the issue pertains to any other matter like transfer, formation of society, redevelopment or verification of title. As you haven’t yet registered the agreement, it would be wise to obtain clarifications and documents from the builder about the matter including approved plan of your project, layout plan and also documents related to RERA registration indicating the exact position of your building in relation to your project. It depends upon the whole set of documents available whether there is any need for any legal correction of this nature or not. However, prior to registration of the agreement, you can get your draft agreement and project documents reviewed by a property lawyer.

I hope this helps and if you have any further issues do not hesitate to contact us.

agreement to sale

1 Answer