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sateesh (Software Engineer)     27 May 2015

Builder sales common property

Dear sir,

             I purchased one flat in group house. Un devided and un specified space is 28.3 square yards( as per development agreement) for flat. My builder regiistered as 26.3 square yards to 6 flats. He constructed watch man room in stilt floor Now he was trying to sale watch man room to other party with registration of 12 square yards undevided and un specified space. Originally these 12 square yards belongs to 6 flats. 

Can we oppose and appeal a case on builder?

Please let me know sir.



Learning

 5 Replies

Jayashree Hariharan (Advocate)     27 May 2015

s of course but does the sale area come under the area mentioned as belonging to those 6 flats?

 

sateesh (Software Engineer)     27 May 2015

Yes madam, sale area belongs to 6 flats. Builder registered 26.3 square yards instead of 28.3 square yards while registration. He remains 2 square yards for each flat so totally 12 square yards he remains. These 12 squre yards trying to register to another party. 

Can we get 12 sqaure yards from builder (6 * 2)? and how to appeal a case on builder please suggest me madam.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     27 May 2015

You can file a case in consumer forums for loss of 2 sq. yards area. Arrange to send a legal notice to the builder before filing a petition.

sateesh (Software Engineer)     27 May 2015

Ok sir thank you very much for your valuble suggestion

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     27 May 2015

Your message is a bit confusing. 28.3 sq. yards is 254.7 sq. ft. This is very small. When a multi-story building comprising a number of flats is constructed on a plot of land by a builder, each flat purchaser is supposed to have undivided ownership of a portion of  the plot of land also in proportion to the area of his own flat. When a builder  builds and sells flats the total built-up area built or to be built is frozen before he sells the flat. Thereafter he cannot create any new built-up area or transfer ownership to any new person. All the flat owners together are deemed to jointly and exclusively own the plot of land also. If he constructs a watchman's room that also will belong jointly to the 6 flat owners. You immediately give a public notice in a prominant newspaper saying that the watchman's room or anything else on the plot of land belongs jointly (if you have not formed an Association) to the flat owners and anyone who tries to purchase such property will be doing so at his own risk and responsibility. That itself may scare away prospective purchasers. If necessary you can go to consumer court also.


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