apartment act & societies Act
DEVENDRA
(Querist) 24 October 2010
This query is : Resolved
A builder had applied for construction of G + 3 building for fully appling FSI. Municipality gave permission for G+2 as it had no power to grant 3rd floor. Builder built the G+2 building and full FSI was not consumed. A housing society was registered. Now the municipality gave permission for 3rd floor to the builder. Builder wants to construct 3rd floor. As mentioned above, some FSI is still in existance. Whether it is necessary for builder to obtain permission from society ? whether the buider can build 3rd floor applying remaining FSI ?
Devajyoti Barman
(Expert) 24 October 2010
First check whether the Builder has delivered the possession of the premises to the Society after completion of the construction. If yes then the Builder has got no right over the property . If no then it can apply for such additional construction even without the formal approval of the Society.
s.subramanian
(Expert) 25 October 2010
With the registration of the Society,the title over the property is legally presumed to have passed on to the Society automatically. Therefore the further construction has to be done only on the resolution of the society and with its permission. The grant of the license to the builder enures to the benefit of the society and it cannot be taken to be a license to the builder to put up the construction without the permission of the Society.
