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Realty factor: Vinod Sampat

Vinod Sampat Senior advocate and expert on realty and property related issues

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Q.Till what period should the defects in construction be rectified by the builder?
A. For a period of three years from the date of taking possession, the defects in construction are to be rectified by the builder/promoter as per the provisions of Section 7 of the MOF Act.

Q.Can the promoter mortgage the property or land without the previous consent of the flat purchasers?
A. Section 9 of the MOF Act stipulates that mortgage of the land cannot be done without the written consent of the flat purchasers. Normally, builders have a clause in the agreement, which permits them to pledge the property and consent of the flat purchaser is taken in the said agreement.

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