Legal Question in Real Estate Law in India
we three siblings under collaboration agreement with builder has developed a four storeyed house alongwith basement (without stilt parking) in Delhi measuring 200 sq yds.. Out of four floors one third floor has been given to builder. I have been given ground floor with front lawn and back yard along with basement. The builder has constructed some undergrounds water tanks and installed booster pumps, electricity and water meters etc.in my front lawn and treating its common facilities for all the occupants I objected it that this area is not a common one and comes under my allocation. But builder is denying and saying that this ten feet area is compulsory to be left as set back and can be use for common facility though the ownership shall remain with me. These underground water tanks are not mentioned in plan sanctioned by the MCD. Please clarify and suggest remedy. thanks
2 Answers from Attorneys
in case the ten feet area does not fall under the sanctioned plan, you may approach the court for appropriate remedy.
Check sanctioned plans and put query with those details.