Can I sell a flat after an agreement with a specific clause?

My flat agreement has a clause saying "promoter proposes to develop a building exclusively consisting of car and two wheeler parking on the land marked as B8, the partaking building will only consist of parking and no apartments will be constructed in the said parking building". Now the builder has launched another project, that uses this same parking building in modified way to have only 2 floor parking for our old project and then above them there are new project's flats which are being sold already. I know this is illegal, but if I want to give consent to this builder for this modification, do I need my agreement to be renewed or altered or rectified? Will I be able to sell my flat while having those mentioned clauses as is?

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Advocate By LEAD INDIA Answered: 28 Mar 2024

Ma’am, if there are modifications done which are not according to your agreement with the builder, you can challenge the same as it is not lawful to breach an agreement terms and policies once agreed. For further legal assistance contact us on our helpline number.

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