All ReportsBribe HotlineDear Mr.Raghu, I recently purchased a flat in Arekere in Tirumala Elite, the flat which I bought belongs to landowner share. My superbuiltup area is 1366 and undivided land 344.91 where as similar fla
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  • 13 years ago
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Dear Mr.Raghu, I recently purchased a flat in Arekere in Tirumala Elite, the flat which I bought belongs to landowner share. My superbuiltup area is 1366 and undivided land 344.91 where as similar fla

Reported on January 10, 2011 from Bangalore , Karnataka  ι Report #33878


The builder has to follow certain rules and regulations when he sells a flat to you. He cannot do as he likes. Whenever an apartment complex is built and completed, the builder has to produce a deed of declaration under the Apartment Owners Act. The deed of declaration clearly states out what are the built up areas that are sold and what are the public properties. Once the deed is prepared, it cannot be modified for any reason whatsover, unless all the flat owners agree. In the current case, please check in the sale deed as to what are the properties that are to be within your sole possession and what is the property that is under common ownership. Once these are clearly identified and included in your deed of declaration, then the Apartment builder cannot sell away the common properties to anybody else. You can filea complaint to the registrar and action will be taken against the builder. I suggest you consult a lawyer and take steps to issue a notice to hte builder, in cae he is trying to dispossess you from a property he has sold to you, or is trying to sell off common properties detailed in the deed of declaration.

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ADMIN COMMENT

Dear Mr.Raghu, I recently purchased a flat in Arekere in Tirumala Elite, the flat which I bought belongs to landowner share. My superbuiltup area is 1366 and undivided land 344.91 where as similar flat like mine in 3rd floor which belongs to builder has given 391.91 sqft undivided land. The Katha transfer and association formation is still not happened. The land owner who is also the contractor for the apartment is building 4 flats on the terrace which he is calling it as pent house. The problem of undivided land is there for all the flat owners purchased from land owner which are about 13 flats. He is influential guy and threatens most of the time to flat owners. This is problem with both builder and land owner, they assosciation is still not formed and lifts are still not done because of the civil work on the penthouse. we have already got the registration done,though in some sale deed they have written as 28 flats, few (13 flats ) does not have this clause for whom the undivided land is mentioned. I can share the sale deed, now what are the chances of getting that extra 50.1 sqft of mine, I paid real huge amount and as you know though being educated was not aware of this legalities until bought the flat. Same is the case with all 13 flats, please let me know what would be the approach, do we need to send legal notice through lawyers, what are the chances. All are working class people hence may not be able to spend good and quality time for court cases for ages. Hence please suggest some remedy. Regards,