Query on builder floor

Shahab Akhtar (Querist) 01 June 2016 This query is : Resolved
Dear Sir,

I stayed in shaheen bagh jamia nagar area in four story building. My apartment is at third floor. the buildig build by a builder who was having contract with land owner that 2nd & third floor will be of builder who can sold 2nd & 3rd floor. i bought 3rd floor from builder. so, other than 2nd & 3rd floor, ground, 1st & fourth floor owned by land owner. land owner puts all their flats on rent & he is looking to build fifth floor on 8 year old constructed building & he is also thinking to do some work at ground level. i woned one car parking in the premises. Please let me know what to do in this case.

Regards,
Shahab

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Guest (Expert) 01 June 2016
Sir,

From your query it is not clear what your issue is. Is it with the construction of fifth floor or whether there is any risk to your car parking space. You can speak to me in detail if required on the number mentioned below.

Regards,
Rit Arora
Advocate
7838737001

Shahab Akhtar (Querist) 01 June 2016
Dear Sir,

first of all thanks a lot for your reply on my query. i really appreciate it. actually, i heard that 4th floor owner is planning to build fifth floor. this is my problem & also he is saying that no one is having parking. he is having police background & he thinks that everything will go as per his wish. he is also planning to build some room on ground floor in parking area by saying that it will be for guard. but it looks like he wants to use the same for rent purpose. i have car parking but i was not using since i bought it. i bought my flat in Dec 2012. after hearing all this stuff, i had just written "Reserved car parking for flat-". i am just waiting for his reaction. please suggest me what should i do incase he raise any question on my car parking.
i have just booked car & it is delayed by 5 month.

Regards,
Shahab Akhtar

Guest (Expert) 02 June 2016
Sir,

He hasnt done anything yet. He will obviously need permissions from the authorities before constructing anything. The common area is for the residents of the society and nothing can be done until and unless society consents and then the authorities pass the map and give permissions. If he constructs anything illegally you can always lodge complaint with the NDMC. If they dont take any action you can always approach the court for the grant of stay on the construction as it is infringing your legal rights.

Regards,
Rit Arora
Advocate
7838737001

RAVI K GOUD (Expert) 03 June 2016
Adv Rit Arora rightly said.

Mr. Shahab once the owner gives his land for development or construction, he will be eligible to ownership of his share of flats only and he cannot take his own decision to have construction on others. After giving for construction, all the flat owners become the co-owners of the undivided share of the land on which construction happened.

So if the owner begins the construction it becomes illegal, so all the concerned co-owners object for the same and also go to court to stop the construction.

You can also check your sale deed whether the car parking is included and allotted in the deed.