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An Explainer: Grandfather Clause

December 20 2021   |   Proptiger

When you purchased a house, the laws governing the housing society might have been different. These laws were modified or rendered invalid as the time passed. Now, the question is, is there a way an old buyer can still avail of the benefits extended to him under the old laws. The answer is yes.

A law or rule that was valid in the past might have lost its validity or may have modified with time. However, a grandfather clause helps certain people avail of the benefits of such a law even after it ceased to be valid or is modified.  Basically, a grandfather clause exempts certain pre-existing people from abiding by new rules in an old law. People who are exempt from the new rules have "grandfather" rights.

Let us understand this with an example.

Suppose when you bought your house, your housing society rules spoke of providing parking space for two cars to each buyer. However, as the space constraints hit, it restricted the number to one. Now, those who bought the property while the original law was in place can still claim two parking spaces under the provisions of the grandfather clause. New buyers, however, will not be able to make any such claims. However, benefits under grandfather clause might be extended for a limited period or set of people.




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