Garden flat
Querist :
Anonymous
(Querist) 12 September 2019
This query is : Resolved
Dear Club members,
I bought a 2 Bedroom garden flat from a builder in the year 2000. After a year of purchase the society began asking me to surrender my garden space as it was originally meant for parking space for the society members as shown in the building layout plan. I later came to know that the builder had not registered the garden space in my sale agreement but sold the same to me. I approached the builder as I had paid him for the garden space. Until now 2019 he keeps evading the issue. Can the society take back the garden space from me. Please advise.
Dr J C Vashista
(Expert) 13 September 2019
What do you mean from the term "garden space" sold to you in a Society flat, since garden space has to be part of "common area" which can not be sold to one of the members?
Not very clear, what do you intend to communicate, if your story is true.
It is advisable to show the title documents to a local prudent lawyer for better appreciation of facts/ documents, guidance and proceeding.
Hemant Agarwal
(Expert) 13 September 2019
1. Garden Spaces are all classified as "common open spaces" & Free of FSI, under the Regional Town Planning Act and CANNOT be Sold or Purchased or Registered. However, IF the Garden is on the First floor and above & is accessible ONLY from inside your Flat, THEN it exclusively belongs to you. You can simply refuse to comply with the Society directives and let the Society go to court, which will take years, till then enjoy.
2. ALSO You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against the Builder, supported with all relevant supporting documents.
3. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
Hemant Agarwal
(Expert) 13 September 2019
1. Garden Spaces are all classified as "common open spaces" & Free of FSI, under the Regional Town Planning Act and CANNOT be Sold or Purchased or Registered. However, IF the Garden is on the First floor and above & is accessible from from inside your Flat, THEN it exclusively belongs to you. You can simply refuse to comply with the Society directives and let the Society go to court, which will take years, till then enjoy.
2. ALSO You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against the Builder, supported with all relevant supporting documents.
3. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
krishna mohan
(Expert) 13 September 2019
Your agreement has consideration for the same, you can ask for refund with interest from the building and garden is a common. If garden is developed part of your exclusive space then you can refuse to comply with society directive. Better consult a legal expert dealing with property matters with all documents relied on by you for the right advice.
Querist :
Anonymous
(Querist) 13 September 2019
Thank you club members for your valuable advice.
