Dispute by co-flat owners
giridharan
(Querist) 23 October 2016
This query is : Resolved
Dear Experts,
I have purchased 2 adjacent flats[ say Flat ‘E’ & ‘F’ ]
One of them is 3 bed flat {call it ‘ E’] and there is no problem with this flat.
The other Flat adjacent to this but have access through a separate entrance [call it flat ‘F’] is only a small room [about 150 sq.ft.] with a small bath & toilet built inside it. The said flat is assessed by corporation for taxes and I have paid taxes upto date in my name from 2010 onwards.
This single room was stored with a few old used ceiling fans and was kept locked by me.
I am not residing for the past three years at this place and both my two flats are locked. Recently when I visited the flats I found that the lock of the flat ’F’ is changed and a new lock was put. When enquired about this to other residents of the flat, the other flat owners dispute that this Flat ‘F’ being built as an un-approved , and therefore it cannot be sold to me by the builder, and so they removed my lock and have put their lock for it, meaning that they have taken the procession of it.
They have also removed / sold my old fans kept there without my knowledge. I have not made any police complaint for it so far.
They also say that as this Flat ’F’ cannot be sold by the builder, I cannot own this Flat ’F’ and I can only claim whatever money I have paid to builder for this Flat ’F ’. Perhaps they are not aware that this Flat ‘F’ is presently in my name under corporation books.
Their argument is that as this flat ‘ F’ is built in the area which would have otherwise be a common area, all the flat owners have right on this flat’F’ / Room and a single flat owner cannot become owner of it.
I believe a lot of builders build flats only with a certain amount of deviation and when the flat is assessed by corporation then this deviation is deemed to be regularised. Am I right?
The building having only six flats (including this Flat ‘F’) owned by four individuals there is no registered association.
Now I request what is the remedy available to me to take possession of this flat ’F’ and request your advice as to how to proceed. Is this flat being an unapproved construction is it a disadvantage for getting possession of it from other flat owners.
adv.bharat @ PUNE
(Expert) 23 October 2016
Show the document to local lawyer and take his opinion.
Kumar Doab
(Expert) 23 October 2016
You have posted that:
"I believe a lot of builders build flats only with a certain amount of deviation and when the flat is assessed by corporation then this deviation is deemed to be regularised. Am I right?'
Local counsel opine the best.
Generically speaking: If compounding is allowed and penalty paid, then there might be a chance otherwise ;NO.
Find the builder also.
Rajendra K Goyal
(Expert) 23 October 2016
If your neighbor is not giving you possession of the flat, file case against him. May prey for compounding after discussion with your lawyer.
