Sale of unauthorized flat & Basement car park
Querist :
Anonymous
(Querist) 01 July 2010
This query is : Resolved
Dear sir/madam
Our apartment building is more than 15 years old.There are 5 unauthorized flats. Recently a party has purchased a flat and occupied the same. The promoter has registered in favour of the buyer only the UNDIVIDED SHARE OF LAND and NOT building.I would like to know whether it is valid in law. If the transaction is illegal what is the action to be taken legally.
The basement of the building had been alloted for car parking as per sanctioned plan.The company engaged by the buyers of undivided share of land to construct the apartments has illegaly converted as shops and rented out. The basement is still in his possession. The company is not in anyway connected with the promoter. Its duty is only to construct on individual contrac basis. On the basis of honourable high court of Madras two judges bench judgement in W.A.Nos.116 to 119 of 1995 and W.A.Nos.775 to 778 of 1995 dated 13/12/2005 ( Madras Law Journal 2006 (1)CTC 241 ) through Assn. sent Adv. notice to the company to surrender the basement to us. And also the Assn. sent notice to local authorities in this regard, so far no action had been taken. Recenly the company started demolishing the basement and digging the floor and hence I myself filed a suit in city civil court and summons have been served. This the stage of the case. Anticipating with interest your valueable suggestion in this regard.
Thanking you.
Raj Kumar Makkad
(Expert) 04 July 2010
You should start contempt of court proceeding as well as execution of the direction oof Hon'ble HC against all the respondents made parties in the earlier petitions before High Court. When HC shall issue them notice then your entire problem shall get ended.
