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ABought a builder floor (4bhk) in a 3 floor building in NCR in 2023. All formalities were completed in time and I am the owner right now. However, the builder did keep a ground floor (2bhk) appt with him and is now being little problematic (to say the least) about it.
Since the sale deed was in proper proper Hindi, I missed out on few strange clauses in it earlier which I have found now after putting the whole text in translator. The most weird one is below:
“Regarding the mentioned floor, the second party will not file any complaint/FIR in the future against the first party in any office or department (such as any police post, station, police station, court, Uttar Pradesh Housing and Development Authority, etc.). If he does so, it will be considered illegal.”
Just want to understand from people who know law/real estate well, is it even legal to put something like this in sale deed ? And how can it be a problem for me in future ?
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QThis clause is BS.. has no value.. no private agreement can go against law of land.. you can file FIR if justified
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UNAL someone please correct me, I believe this may be written, anything can be written in a contract, but doesn’t mean it’s enforceable in reality. I believe it’s not possible to relinquish your right to file a grievance, unless it’s a civil settlement where you have given up the right to serve notice in the said matter only in lieu of settling matter between parties themselves.
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AI am just copy pasting the exact Hindi text for your reference:
यदि भविष्य में वर्णित फ्लोर पर किसी भी प्रकार का कोई वाद-विवाद होता है या द्वितीयपक्ष किसी प्रकार का कोई वाद-विवाद उत्पन्न करते है तो वह गैर कानूनी माना जावेगा तथा उसकी सम्पूर्ण जिम्मेदारी द्वितीयपक्ष की रहेगी। यदि भविष्य में वर्णित फ्लोर पर किसी भी प्रकार की कोई दिक्कत या परेशानी होती है तो उसकी सम्पूर्ण जिम्मेदारी द्वितीयपक्ष की रहेगी। वर्णित फ्लोर के विषय में द्वितीयपक्ष भविष्य में किसी भी प्रकार की कोई शिकायत/एफ. आई. आर. किसी भी कार्यालय व विभाग (जैसे कोई भी पुलिस चौकी, थाना, कोतवाली, न्यायालय तथा उत्तर प्रदेश आवास एवं विकास परिषद आदि) में प्रथमपक्ष के विरूद्ध नही करेंगे यदि करते हैं तो वह गैर कानूनी मानी जावेगी।
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UI expected a more difficult form of Hindi when you mentioned proper proper Hindi. I am a bit disappointed 🫠
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AHaha you are right that this bit is easy to understand. It’s just that it was mentioned somewhere in the middle of the deed, the rest which was a little complex. It is not about it being Hindi, I think the way it is articulated in legal contracts is a little confusing and vague — not sure whether it is deliberate or not.
P.S.: this is coming from someone who got Hindi Academy prizes for scoring good marks in Hindi in CBSE back in 2007, and in fact, to date writes Hindi poems😂
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UIt says if any issues or problems arise on the floor in future then the seller is not responsible, and complaints if any, should not be filed against him. It doesn’t say you can’t file a complaint for other reasons.
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AThanks, I have the same understanding. There are other problem areas as well, for example the construction quality is not good wrt the premium price that I have paid. So, if this clause is valid (which it won’t as I understand now) then I can’t complain about it— is this the right way to interpret it ?
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USo here’s my personal experience:
Bought a 3bhk builder floor from a builder in a reputed society in my city. The builder owns the 1st floor and he added a clause in the sale deed that he won’t share electricity load with me. So how it goes here is that every plot is alloted 8kw load per plot, so since ours is a 4 floors building, each floor gets 2kw load default as per the electricity contract with the society, as they provide the electricity connection. If you need more load, you can apply and get it for certain charges. That’s all good. But the builder kept insisting that since the sale deed clause clearly mentions he won’t share the meter load, he is under no obligation to honor the society contract. So I went to the Manager and he made it abundantly clear that society’s bylaws would supercede any such arbitrary clauses in the sale deed.
So the builder had to share the load with us.
So if you own the floor inside a residential society and they have their legal rules, talk to the manager. Or go to the Nagar Nigam and discuss it with them. Such arbitary clauses in the sale deed are rarely taken seriously and there’s no way to enforce them.
So don’t sweat it. It’s nothing.
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AThanks! That’s great that you were able to find a resolution for your issue.
Unfortunately, we don’t have an overarching authority nearby. Plus, the builder is a little goon-ish type (aren’t all ?). He retained the ground floor that I am talking about— it is properly illegal, as it was supposed to be full stilt parking. But he carved a flat out from half the parking space, which of course is not sellable (given it is not on the map and can’t be registered). So now he has put some boys there on rent and they are being a nuisance (bringing crowds, creating noise late night, lighting bbq inside bedroom) for the families living on above 3 floors.
On complaining the clown says that you are only your floor’s owner as per registry so you can’t comment on what others are doing inside their home 😒
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UYou’re not bound by such clause in any agreement. Section 28, Contract Act
28. Agreements in restraint of legal proceedings, void.-
Every agreement,—
(a)by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract, by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enforce his rights; or
(b)which extinguishes the rights of any party thereto, or discharges any party thereto, from any liability,. under or in respect of any contract on the expiry of a specified period so as to restrict any party from enforcing his rights,
is void to that extent.
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UUsing the law to Neutralise the law is not going work,What Circus clown seller is this guy?He might as well have scrawled it down with a piece of crayon. 😂
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AWell, the circus clown part is not wrong! The retained ground floor that I am talking about— it is properly illegal, as it was supposed to be full stilt parking. But he carved a flat out from half the parking space, which of course is not sellable (given it is not on the map and can’t be registered). So now he has put some boys there on rent and they are being a nuisance (bringing crowds, creating noise late night, lighting bbq inside bedroom) for the families living on above 3 floors.
On complaining the clown says that you are only your floor’s owner as per registry so you can’t comment on what others are doing inside their home 😒
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UAs mentioned by earlier the clause is not legally binding.
To tackle the nuisance created by the builder I suggest you and other 3 owners form and register a “Owners welfare association”. The association can then pass By-laws based on majority vote which can put a bit of control on how the common amenities like the stilt be used. Also any legal proceedings towards the builder could be done through the association, you individually will not have to deal with it.
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