Legal Question in Real Estate Law in India

Dear Sir

In our Housing society there are 1,2,3 BHK buildings & having common amenities e.g.Club House,Chldren play area etc.

During launching of site,builder has started 1BHK scheme under Phase I & that time he has not meniotned about any common amenities as stated above. Also in printed brouchers it�s not there.

In Phase II & III , 2,3BHK buildings he declared common amenities for new owners.

During Society formation, he has declared that common amenities will be common for 1BHK flat owners also & thay are also entiltled to share with 2,3BHK owners.

Also In flat Agreement of all owners ( including 1BHK ), said space is shown as Common area.

We have 2 diff Societies within same premsies i.e. one for 1BHK & other one is for 2,3BHK onwers.

Now there is conflict between both socieities about common ameneties.

Requesting you to clarify,whether 1BHK residents can avail this said common facility?

Need your guideline to resolve this confliction.

Regards

Kalpesh Jain


Asked on 4/10/12, 11:01 pm

2 Answers from Attorneys
Santosh Goswami,Advocate sure shot legal

Off course, without any doubt. It has clearly been laid down by the builder. Why don't you complain to the builder. The builder is responsible for the mess and you can move he consumer forum against the builder.

919555462995

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Answered on 4/11/12, 5:56 am
Shrichand Nahar S.V.Nahar, Advocate

If something is common between 2, then both will be entitled.

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Answered on 4/15/12, 2:19 am


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