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S. Narayana (T.O)     06 June 2012

Illegal sale of garden & car parking

I have purchased one apartment/flat on ground floor of residential apartments building. This residential building is approved by muncipality with clear title etc. My flat is sold to me by builder together with admeasuring Garden area & Car Parking . These garden & Car Parking area not present in approved plan (Blue copy) of Muncipality. Builder sold me flat with this illegal features (garden & Car Parking) and I purchased innocently. This illegal garden & Car Parking of my flat also added in my agrrement of sale and in drawing map also  as a sale.



Sir, I wish to sell this flat now. If I sale my flat along with garden & Car Parking of my flat as it is to new purchaser, Is it becomes any fault on my side? Suppose If any property suit/case comes in future by society? Is it causes any legal complications in future?. I do not want to fall in any legal complications. But the new purchaser wants this illegal garden & Car Parking as it is from me in agreement of sale. What I have to do now? Kindly suggest me.

If I sale this garden & Car Parking to new purchaser by mentioning sale price include garden & Car Parking also, is it causes legal action on me or any future legal actions only on builder?

 By-law of co-operative society act under property law will not allow to sale common areas like garden and car parking. But builder sold  me and If I resale it as it is, Am I violating By-laws? Pl clarify. 
Suppose Society put civil case in Future, Is it any fault on my side in Civil Court?          
               But Builder is definitely in fault and he sold me garden & Car Parking with greedyness.


Kindly intimate me in reply.

 
Thanking you, Best regards


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