Sankar (Software Engineer) 03 December 2013

Room in undivided share

Hi all,

I purchased a flat(3 yrs ago) in Bangalore from a local builder. currently he is settled in USA and we don't know his address. It has 20 flats in it. In the car parking area builder has a room(bigger room with attached bathroom and toilet).

While selling he told it is temporary and latter apartment association can use it or demolish it. And the room is not in BBMP approval document.

He didn't provide proper car parking for 2 flats. Currently they are parking in common area.

He didn't provided us the original documents to the association and also didn't install generator as promised in the document.

Now he is trying to sell the room which is in car parking through local brokers and visiting india next month.

I have the following queries

1)If the sum of all undivided share provided to flat owners is lesser than the total land area (339 for each flat, we have total 20 flats, all are 1225 Sq/Ft. Also total area of land is 7800 Sq/Ft. 339 * 20=> 6780, There is difference of 1020 Sq/Ft.)

a. Does it amount to cheating on the builders part?

b. How to reclaim the area from the builder?

2) Is there a legal procedure to be followed before demolishing / modifying a property that belongs to the association (Room at ground floor which builder claims this belongs to him).

a. Informing the members of the residents of the association

b. Informing the builder - especially in our scenario

3) How to protect ourselves from intruders and troublemakers? Should we file a tresspassing case against the person who came into apartment complex last week

Also we want to file a case against him for below open issues and fake promises:

1) Not providing documents and NOC and builder absconding.

2) Not providing power backups as promised.

3) Delivered a poor quality construction that costing us around 20lacs to repair

4) Delivered a assembled/poor lift where all residents are scared to use it.

Thanks for your help

Sankar