Sale deed - builder/society rights on commercial facilities in club house

Rupesh Damkondwar (Querist) 26 April 2017 This query is : Resolved
Dear All,

Please advise,

I purchased flat in gated community in Hyderabad.

In the registered sale deed of all flats owners of gated community builder mentioned following point regarding club house- The Vendor/Developer have all rights to sell the whatever, commercial facilities provided in club house to any other person, without consent of flat owners.

All flat owners have registered society recently, awaiting for builder to handover corpus fund and other rights to the society.

My question is that -

who will have rights over saling commercial facilities provided in club house builder or society?

Does builder have right to sale/rent the space provided in club house to supermarket/restaurant or not?

Thanks & Regards
Rupesh Damkondwar

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krishna mohan (Expert) 02 May 2017
If developer has retained ownership rights then the contents of the agreement for commercial gain is right. Hence your association can seek clarity from builder or from the legal counsel.