Legal Question in Real Estate Law in India
I am first time property owner and bought an apartment in Bangalore in 2008 .We bought 2 corner apartments adjoining each other with purpose of combining it and making one living unit .the decision to buy the 2 apartments was made as there was extra space (in form of a terrace) available by doing so .
Important points : 1) The developer marketing person confirmed at time of buying that if we buy the 2 units together then this extra terrace space can be used exclusively by us . 2) Only our apartment has a door opening to the extra space terrace and no other apartment has access to it . 3) The adjoining apartment has their kitchen utility area opening in the same extra terrace space but their area is demarcated by a metal railing from the builder as per original buidling design plan 4) We did not pay any extra amount for this extra terrace space 5) This extra terrace space is also written as part of our area in "AGREEMENT TO SELL" which was registered by builder when we entered into agreeement to buy the property . 6)There are water/sewage pipes running through the extra terrace space for the apartments on top and we are OK if once in awhile the mainetance person need to access the terrace for maintenance of these pipes.
Our requirement : 1) is to ensure that we have legal rights over this extra terrace space so that we dont get entagled at any later date with the neighbours and or society . 2) we have exclusive rights for living and using the extra terrace space for our personal use .
Issue : Now at time of registration - developer is saying that they cannot register this extra terrace space in our name as it is part of the undivided share area (even though there is no door opening / access for any other apartment than ours ) . Developer is saying that they can give a letter which will state that this extra terrace area is given to us for our exclusive personal use and no other apartment owner will have any right over it .
Our Questions- 1) What is the method through which we can assure that we get exclusive access to this extra terrace space for our personal use ? 2) Are we duped by developer by their promise that we can use this area exclusively 3) what is the remedial action we can take ?
thanks .
Arun
1 Answer from Attorneys
You do not have an exclusive right as that area is part of UDS, even if others can access that area only though your apartment.
Do not waste money and efforts by trying to get a separate document from builder as the same may not be valid.
www.lawconcern.com
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