Legal Question in Construction Law in India

An Apartment with 14 flats was constructed in an area of 800 sq. yards in the year 1990 in Visakhapatnam.

There is no cellar. Ground floor consists of 4 no�s of car parking sheds , which is a continuous area of length 14.7 feet and width 11 feet ( Area - 660 sft ) . Adjacent to this car parking area , 4 flats were constructed in the ground floor. Above this ground floor, 5 flats in first floor and 5 flats in second floor were constructed.

NOTE: Plinth area of each flat is varying from 800 sft to 880 sft .

Now this apartment is under proposal for development with 5 floors and 4 flats in each floor in the year 2014 . Plinth Area of the newly constructed flat is 880 sft as per new design .

Earlier in the year 1990, it was mentioned in the sale deed / agreement that each flat owner has a right for 1/14 undivided share on the land. For flat owners who purchased car parking, The flat along with car parking was registered. Now these four flat owners having car parking claim extra compensation from other 10 flat owners at this time of proposal for development. Also, the flat owners having more than 800 sft of plinth area claim for compensation.

The other 10 flat owners are saying that car parking is meant for utilization only, but NOT for sale and is NOT entitled for any compensation.

Kindly clarify the legal aspects of this issue.


Asked on 3/14/14, 12:54 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

15.03.2014

Dear Sir / Madam,

Since the Sale Agreement made in 1990 clearly indicates that each flat owner is entitled to 1/14th share of the undivided land, the four flat owners having car parking space cannot claim extra compensation at the time of redevelopment. Since the existing flat owners having carpet area 801 to 880 will be getting only 800 sq.ft. carpet area in the redeveloped building, they will have to be compensated for the loss of area by the Builder / Developer.

Regards,

Read more
Answered on 3/14/14, 11:11 pm


Related Questions & Answers

More Construction Law questions and answers in India