Kiran, Apartment Resident
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Confusion regarding a clause in the agreement.
Q: Hi, I recently bought a villa and have got the agreement and registration done. However, my query is regarding the "Assignment Charges" clause in the agreement. It says, The purchaser shall not assign/transfer his/her/their interest under this agreement without the prior written consent of the Seller/Developer. In the event the Seller/Developer provides its consent for assignment of Purchasers' interest in this Agreement, then a transfer fee of 20% of Sale Consideration shall be payable by the purchaser to the Seller/Developer, however it is exempted if the assignment is made within the family members; My question, once registration is done, why should i take the permission from the developer to sell it? Also, it appears to me that the clause is applicable perpetually and any day I were to sell the property I would have to pay the developer 20% of the sale proceeds. Is this how every developer writes the agreement? Is there something wrong or am I being apprehensive?

Latest Answer: Hello Mr.Kiran, First thing you need to understand is whether its Sale agreement you have registered or the Sale deed, If its Sale Agreement then you need to talk to builder and get that 20% reduced to 2% to 3% if its the Sale deed then please ask the builder to delete the resale clause he mentioned and correct it to - Seller has got all the legal rights to sell the property and has got the marketable and selling rights.

Survey number for the villa
Q: Hi, The builder is saying there is no survey number as such per villa basis and the survey number is for a group of villas. Does it make sense? I expect survey number per villa even if it is a gated community and the layout is BDA approved. Any pointers or suggestions?


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