Legal Question in Real Estate Law in India
Is Allotment of common area to some apartment owners in an Apartment complex by
I had purchased a flat in a multi-storey building on freehold in U.P. Before possession,Builder had signed an agreement with all flat owners. As per the agreement, flat owners have no right in the common area except for ingress and egress.
Subsequently after possession, we have registered purchase with the authorities after paying the required Stamp duty. The carpet area of my flat is 575 Sq ft where as the super are is 875 Sq Ft. He has charged Rs 1100 per Sq Ft. on super area. The sale deed mentions I have undivided right of 18 Sq MT of the plot.
The builder has allotted/is allotting parking space to some flat owners in consideration of money in the common area inside the boundary wall of the complex. Builder is also refusing to register the parking in the sale deed. He is just mentioning in his letter about the allotment
Is this allotment of common area around the building inside the wall by the builder to some flat owners in consideration money valid? If yes, why the builder is refusing to register the allotment in the Sale Deed? Builder has also fulfilled many promises like swimming pool, health club, cable T.V. etc,
which he has mentioned in the brochure before selling the flat.
2 Answers from Attorneys
Re: Is Allotment of common area to some apartment owners in an Apartment complex
It is right that he has right to allot the Car parking in the Common Area of the land, Find out the reason for not registering the Car parking area, it may be due to saving of the Stamp duty and registration fee, which is beneficial to you, you can ask him to sign an affidavit for sale of Car park area and enter into an agreement for sale of Car park area and obtain an power of attorney for the area of car park sold to you.
If You have not paid the Full consideration you can withhold the money and ask for the amenities he has said that he will provide.
You have all the right to ask and get the builder do all the amenities promised provided it is in writing
B.Balasbramanya.
Advocate.
Re: Is Allotment of common area to some apartment owners in an Apartment complex
Dear Friend,
I am sorry, but as a matter of practise, we do not reply to queries from the persons, who do not give their complete details, nor to the persons not directly affected by the problem under the query. We also do not give any citations to the seekers.
Therefore we request you to send your query only through the query form at the Free legal advice pages of the vakilbabu website at http://www.vakilbabu.com quoting the reference LawGuru.com.
We believe you shall understand.
Warm regards
Satish Maheshwari.
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