Legal Question in Real Estate Law in India

Allotment of common area sorrounding the building

Question: I had purchased a flat in a multi-storey building on freehold

The sale deed mentions I have undivided right of 18 Sq MT of the plot along with flat details.

The builder has allotted/is allotting parking space to some flat owners in consideration of money in the common area sorrounding the building 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?

Now Residents have taken over the maintainance of the flat from the builder. The takeover document doesnot mention anything about such allotment of open space. What is the legal standing of so called allotment in the open space?


Asked on 11/19/05, 6:43 am

1 Answer from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Allotment of common area sorrounding the building

Allotment and sale of flats/units with common areas etc. is governed by local laws i.e. laws enacted by State Govt. However, you have not specified the same, making it difficult to reply.

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Answered on 11/19/05, 6:51 am


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