A car parking in sanctioned plan is meant only for car parking parking. It is major deviation and cannot be regularized. You can claim against your seller. It is liable to be demolished at any time.
Builder sold shop which is not in approved plan via a registered sale deed
We bought a shop in Goa in 2016 via a registered sale deed directly with the builder. In 2022 we were trying to sell it and had a buyer in hand who did the due diligence of the property and found that as per the approved plan the shops do not exist and are actually car parkings. We spoke with the builder regarding this but he is not ready to accept it. As per the builder the panchayat has given a house number for the shops and takes house tax on it so that is good enough for the shops to be legal. A major investment of ours is stuck in this shop. What can we do to recover our investment?
Asked 3 years ago in Criminal Law
Religion: Hindu
6 Answers
Dear client I am sorry to hear that but in this case you can approach the court and file an application for the same. For that you can also approach RERA Court and file an application against the Builder
Since the shop has been sold to you by registered sale deed, you may proceed on the basis of the title on your name.
You have not verified the details at the time of purchase neither you obtained a legal opinion hence it is the fault on your side for purchasing the illegal structure.
You may approach court with a suit for declaration to declare the purchase of this shop property as legally valid, as an alternate remedy.
- If the property is a shop in the sale deed , and the said shop having a house number , then you can apply before the Municipal corporation for regularize the said shop commercially.
- Further, if refused by the authority then you can file a complaint against the builder for the offence of cheating and breach of trust
File complaint against builder before consumer forum and seek orders to direct builder to refund your money with interest as it is illegal construction
You can seek refund from builder If you require under consumer protection law
