Agreement For Sale Without TDR And Floor Plan Approval | Vkeel - Free Legal Advice

Nidhi

Bangalore

I have signed an agreement for sale with the builder for the flat in Bangalore. The project is under construction and registered in RERA. Later, I came to know that the builder requires TDR (Transferrable Development rights) for constructing the floor (15th) I booked. The builder has a development plan approval for(19 floors). He has not purchased TDR yet. Floorwise layout plan approval is also pending (which he will do after getting TDR). Legally is he allowed to sign an agreement for sale before buying development rights (TDR) and layout plan approval? Can I cancel the sale agreement and get money back due to the above reasons. As per agreement if I cancel he can deduct 10% of flat cost

Expert's Answers(3)

Kishan Dutt Kalaskar 40 years Exp (Retired Judge)
Bengaluru Urban, Karnataka

187 Client Ratings

You cancel it and get entire amount paid with compensation since he has not purchased TDR

May 18, 2020
Advocate Abhimanyu Gurawalia
Patli Hajipur, Haryana

60 Client Ratings

as per agreement either you will have to to give 10% or wait till time mention in the agreement for any other legal information u can consult me

May 17, 2020
H K Chaturvedi, Advocate Supreme Court. 9811035762
Gautam Buddha Nagar, Uttar Pradesh

12 Client Ratings

Please issue legal Notice to the Builder. If you wish, my office may also issue an appropriate Legal Notice on my Letter Head under my seal and signature before cancellation of agreement which is recommended. I think you understand me as why direct cancellation is not advisable because of cut of 10% deduction clause. You may review my profile as well.

May 17, 2020