Hi,
I have booked an apartment in one of the gated community under construction and builder mentioned that he will charge Rs 4.5 lakhs for 1 car parking and amenities which includes Clubhouse, swiming pool, indoor activities, tennis court, basketball court, badminton court, childrens play area etc. Now in Agreement of Sale, builder is putting a clause that all these amenities except car parking will be owned by the builder even flat purchaser is paying for them. This will hold good even if we form the society after 2 years later, these amenities will still continue to be owned by the builder for life long and moreover builder will charge the usage charges for all these. It was not mentioned anytime before booking or anywhere in the booking form that the builder will own all of this. This is a surprising clause we are seeing in Agreement of sales after paying 20% amount. Moreover this may also reduce our undivided share of land and also gives builder more power to control everything even after 2 years when we form our own society. Moreover he wants to become the owner of all the things for which we are paying?
Is this correct or fair? Is there any rule/law which can help us from this to have all these transferred to the society and prevent builder from owning all this? and also for us to get the correct undivided share of land?
