damodaramvallatur (Retired Superintendent) 09 July 2014
We have purchased flats from the builder in an Apartment in A.P., The builder have sold entire flats (20 nos.) in the Apartment and registered 90% of the land to the flat buyers (20 flats). The remaining 10% (720 sft) is kept with him with an intention to construct penthouse and sale. Actually the plan was approved for 20 flats only. Whether he has right to do this. If he is not right, in what way we have to proceed further legally. Please guide.
RUSHI (CO-OWNER) 10 July 2014
HI
LEGALLY IT IS HIS OWNERSHIP HE CAN KEEP UNSOLD YOU CANT DO ANY THING LEGALLY AND IN FUTURE IF ANY SCHEME UNDER IMPACT ( UNAUTHORISED BUILDING CAN BE REGULARISED AFTER PENALTY ) . IF STRUCTURE IS CALCULATED LOAD OF THAT OTHERWISE YOU CAN TAKE STAY FOR THE SAME
T. Kalaiselvan, Advocate (Advocate) 10 July 2014
You have to see that the builder's action affects you or if it affects the apartments' work plan as mentioned in the sketch given to you at the time of purchase. You have to see the mention about the commonplace being encroached y the builder illegally with out a plan for it and affects the interest of the apartment residents. Better consult a lawyer and discuss the issues as per the prevailing circumstances and decide what can be done about this.
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