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Jagadish T (n/a)     03 April 2014

Recommendation required for buying a flat about 25 years old

Hi Sir,

I am from hyderabad and i need your suggestion in buying a apartment flat around 25 years old. Below are the problems which i think are the real problems, you can guide me in judging them.

  1. The total apartment contains around 31 flats and as it it been constructed about 26 years back, no flat sale deed documents are not having the term called "Undivided Share" and everyone is using that parking to park their vehicles. Will it be suggestible to go ahead with out the undivided share area? Is there any future problems which may occur if i buy the flat? I am buying this from the first owner and there are some other flats in the same apartment does have a undivided share area as they are second or third owners. I mean when they bought from the first owner they have modified the sale deed to include this common area.
  2. There is no parking has been allotted to 29 flats as that time everybody prefers to buy the flat by thinking  that there is no need of parking space(which is required now a days). Is it ok to proceed?
  3. If it is not as per the municipal construction the banks are not ready to release the loan? So, what else i can look for before buying the flat.

Your help is really appreciated and thanks in advance for all your suggestions.

 

Regards,

Jagadish



 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     04 April 2014

since it is old building, you have to get stiffness certificate from the municipality authorities. Registered municipal is a must for the building. otherwise future fightings between flat owners will occur. There should be registered society for collecting common expenditure among the flat owners and if it is already existed society, better to obtain NOC from the society. 

Dr J C Vashista (Advocate)     04 April 2014

Since no specific area has been allotted for parking to individual member, it is common area, which is the property of society and cannot be sold/purchased, vis-a-vis no loan can be advanced for the parking area.

T. Kalaiselvan, Advocate (Advocate)     05 April 2014

Under such circumstances it is always better to get a proper legal opinion from a lawyer very well conversant in civil laws before proceeding with the purchase, that will make sense.


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