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SHello, I booked an apartment 2 years back and signed an Agreement for Sale with the Builder. It had used a format prescribed by RERA and had clauses which protect the buyer rights specifically sgainst “Additional construction” which states that “promoter has no rights to make additions or put additional structures anywhere in the project after the plan has been approved by competent authority”
Now that the project is ready for possession, builder has given a Sale deed for signing which has a clause to bypass this. The clause is ” The purchaser agrees that if further construction is allowed by the competent authority, the vendor (builder) has a liberty put additional constructions and sell additional FSI without any hindrance from the buyer”/
My questions are,
1. Is this legal? Rera states that if builder wants to put new structures, it has to be approved by 2/3rd flat owners. It seems signing the sale deed will prevent owners from filing any objection if builder decides to put additional floors in same building few years down the line.
2. Is there any duration within which Co-op society needs to formed any transferred to owners by the builder? Can builder still carryout construction once society is managed by the owner’s association.
3. In case of any legal matters in furture, will agreement for sell be considered valid or only Sale deed will matter?
4. Will it help if I push builder to remove this clause from my sale deed, however I am sure that most other buyers may have already signed it and so people like me will anyways be less than 2/3rd majority.The project is RERA registered, and builder has good reputation, I am sure that this practice is common among builders who want to protect their rights if additional FSI is granted in future.
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