Rupesh Damkondwar 26 April 2017

Sale Deed - Builder/Society Rights on Commercial Facilities In Club House

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

Reply Follow

2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 26 April 2017

housing society will be the owner of the land where the society is constructed and not the builder. Society will look after all the income & expenditure of the club house.

Rupesh Damkondwar 26 April 2017

Thank you sir for your reply,

So the registered sale deed where builder mentioned point -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 will not be an issue legally for society to sale/rent commercial facility in the club house. I am right?