1. maverick
  2. Real Estate & Property Law
  3. Tuesday, December 05 2017, 05:34 PM
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Hi - I am 2nd owner of flat in Pune. Now i am going for apartment deed registration with builder. In the draft deed, there is a clause mentioned by builder as below - "16. It is further agreed and accepted by the Purchaser herein that the present Deed of Apartment is executed on the request and representation by the Purchasers and if the same is found untrue for any reason or if any dispute arises in respect of the said Flat/Apartment then the Purchasers shall be solely held responsible for the same and the Grantor/Owner/Developer may have the right to cancel the present Apartment Deed"

Builder is refusing to remove this clause. I have NOC from previous owner to go ahead for this apartment deed. In my transfer deed with 1st owner - i have adequately covered all points related to any disputes which might arise

Please advise - Can I go ahead with this clause as it is.
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PS Dhingra Accepted Answer
If no irregularity is there on your part, what harm do you feel in existence of the clause? Your description should have been specific with some cogent reason in support of your requirement for removal of the clause.
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