4th floor builder floor in delhi

PARTHA (Querist) 17 May 2014 This query is : Resolved
Hi,
There are many builder sealing fourth floor in delhi ( south delhi ) area, and saying he will give proper registry of third floor roof.Is it illegal? In future will this risky ?
Please help
Partha

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Dr J C Vashista (Expert) 18 May 2014
It is legal upto 2 & 1/2 stories as per DMC Act.

malipeddi jaggarao (Expert) 18 May 2014
Terrace rights are different. They will not give title to the construction unless the construction is approved.

Rajendra K Goyal (Expert) 18 May 2014
Construction would be considered illegal on fourth floor.

Anirudh (Expert) 18 May 2014
The query is not at all clear.
What do you mean by "sealing fourth floor in delhi ( south delhi ) area"?

PARTHA (Querist) 18 May 2014
Thanks all for reply,
@Anirudh : There are some fourth floor Builder Flat in south delhi area, Now they are saleing flat of 4th Floor, And he will provide me registry of 3rd floor Terrace.

Devajyoti Barman (Expert) 18 May 2014
Terrace is considered to a common area unless all the flat owners relinquish their right of user of terrace by way of their deed of conveyance.

No person can build any portion of pucca nature in the building unless the same is done vide a proper sanctioned building plan.
Once it is done then only he can sell such portion.

Surrender K Singal (Expert) 18 May 2014
DB has concised

Sankaranarayanan (Expert) 18 May 2014
Check the Plan first , find the details from the DM Act

PARTHA (Querist) 18 May 2014
so that would be risky to buy?

Devajyoti Barman (Expert) 18 May 2014
yes if the plan for the same is not sanctioned.

Sankaranarayanan (Expert) 18 May 2014
yes 100% risk

Surrender K Singal (Expert) 18 May 2014
Investor has to secure his hard earned investment in any case

T. Kalaiselvan, Advocate Online

(Expert) 18 May 2014
Thus, the author is advised to take a proper legal opinion by showing all the papers to a expert lawyer in the local and to proceed on such purchase only if everything is properly confirmed.

Surrender K Singal (Expert) 25 May 2014
Thank LCI for such timely alerts

ajay sethi (Expert) 25 May 2014
terrace forms part of common area .builder has no power to sell terrace . it is risky proposition

Surrender K Singal (Expert) 26 May 2014
Builder's rights / power can be ascertained from the documents, executed by hime with various vendees whether he has debarred them from any right in terrace etc.

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