Legal Question in Real Estate Law in India

Builders right on the sterrus of apartment
A builder has constructed a building in the form of apartment in G+2 concept on 2 adjecent plots admeasuring in a total area of 244 Sq. yards. The total flats construted were 5 and all are sold. In the sale deed there is no mention about the right of Bulder over the strrus i.e. top of the apartment. Further, while selling he has sold specific area of constrcution as well as 1/5th of land to each flot purcahser (i.e.owner) except for one thereby he kept 8 sq. yards of land with him. The falsts are now possed vy the owners and the buildet has been paid all his dues as per the sale deeds. Under this back
ground, whether he would be entitled on the starrus rights as the sale deed is silent on the above. whther, even if agreement is silent, is there any implied right conferred on the Builder, so as to make him enatitled for the sterrus rights absolutely.

Asked on 5/29/08, 5:45 am

Shrichand Nahar S.V.Nahar, Advocate

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Re: Builders right on the sterrus of apartment

There are no rights left/available to the builder.

Answered on 5/29/08, 5:59 am

Homi Maratha N.N. Maratha & Co.-Advocates

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Re: Builders right on the sterrus of apartment

The Builder has got no rights available with him at this stage.

Answered on 5/29/08, 1:44 pm

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