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sateesh (Software Engineer)     29 May 2015

Undivided and unspecified space rights of a plot

Dear sir/madam

                              My group house having 9 flats ( Six are 2BD and 3 are Three BD flats). Total builtup area is 284.4 square yards. Undivided and Unspecified space for 2 BD flat is 28.3 square yards, Undivided and Unspecified space for 3 BD flat is 38 square yards. This is as per development GPA.

My builder registered 26.3 sqaure yards instead of 28.3 square yards for five 2 BD flats, and he registered 36 sqaure yards instead of 38 square yards for one 3 BD flat. So total he remains 12 square yards undevided and unspecified space out of 284.4.

My doubt is

Can he register these 12 squrae yards to anyother person other than flat owners?

 

How can we obtain my lose of 2 sqaure yards for each flat from builder?

 

Please suggest me sir/ Madam

 

Thank You



Learning

 5 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     29 May 2015

You have posted the same elsewhere in this Forum. Please see my response there.

sateesh (Software Engineer)     01 June 2015

Yes madam, I saw the post thank you very much for your valuable suggestion. But this is slightly difference.

Is there any right to builder registers 12 sq yards to another party? 

and how can we obtain my lose of 2 sq yards from builder?

 

 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     01 June 2015

I am Mr.  My answer here is same as there. When a builder decides to construct a building on a plot of land he has to prepare a plan and get the approval of the local authorities. The same plan is also the basis of his sale of flats to individuals. The plan will show the plan of the plot on which the building is constructed with its dimensions, the saleable flats, other facilities like electical room, watchman's room etc. All that inside the compound outside of the saleable flats would belong jointly for all flat-owners and the builder cannot sell anything separately. If there is a difference between actual dimensions and dimensions given in the document for registration, that has to be considered as a deliberate or inadvertant error and the difference cannot be appropriated in any mannet by the builder. If he shows such  areas and wants to sell them with or without any construction on it, he should have shown that in the very beginning for the approval of the authorities and also in the plan shown to you when you decided to purchase the flat. The remedy available to you is a public notice as I suggested in the other post.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     02 June 2015

Probably you  do not have an Association yet. The builder would be taking advantage of that. You form an ad hoc association and give a public notice.

sateesh (Software Engineer)     04 June 2015

Thank you very much sir.

I gathered 3 flat owners. We will give a public notice. We want to place a injection order on builder


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