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In our Apartments (12 flats) the builder, represented by sellers GPA, has sold the open land in front/rear of ground floor flats to them and a car parking at the main entrance gate to 3rd floor owner.  Schedule of A property measures 7190.5 Sft.  Schedule B property spells out an undivided share, right, title and interest in that piece and parcel of property described in Schedule A mentioned, equivalent to 538.80 Sft. for C type flats;  570.40 Sft. to B type flats;  measuring 688.30 Sft. to A type flats. C schedule spells out individual flats super built up area together with proportionate share in common areas with car parking. That is the sale deed puts the owners in physical possession of 538.80 Sft (C type) 570.40 Sq.ft (B type) and 682.30 Sft (A type) undivided interest in the said schedule property. Also the builder/sellers have retained the right to use the Terrace to put up further floors and the facilities provided including lift are just sufficient for 12 flats.  Is it lawfully right to sell the common land, car parking at the main entrance to the 3rd floor owner.  Is it lawfully right to retain the terrace rights and put up further floors?

- by Laskshmi, Bangalore

Unless the documents are verified it is not possible to offer specific legal advice and the advice given here under is of general nature.

The common areas is the property of all the flat owners meant for general / common use which is proportionate to the undivided share of the land.  Car parking is also linked to the undivided share and is not a separate distinct unit as such.

Entire land is divided by total built up area to arrive at undivided share. Common areas and car parking cannot be sold separately independent of flats. On sale of all the flats entire undivided share of the land is sold. After the sale of 100% undivided share, any purchaser of only car parking or common area without the flat, will not get legally valid right, title, interest.

With regard to retaining terrace rights to construct further flats, it depends on the permissible FAR and approval of plans from the proper authority.  Any structure beyond 30 feet height needs to be approved by the Town Planning Authority.

Builders/Owners are also required to transfer the entire property to the Owners Association. You may take up the matter through Owners Association.

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These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.

QUESTIONS

Q:- What is the difference between ‘Earnest Money’ and ‘Advance’ in Agreement to Sell?

Q:- What is meant by Defect Liability period in  a construction agreement?

Q:- I have taken some land on lease for 99 years and had con¬structed a multistoried building. The lease deed contains a clause. "Cannot assign, Underlet or sublet or part with the possession of the demised property without the previous permission of the lessor". The lease deed provided for construction of building, I have given portions of the building on leave and license to various busi¬nessmen. The lessor has issued a notice demanding subletting charges from me and has also marked the copies to licensees demanding to pay the subletting charges. What is the remedy? Can the lessor institute legal action against me and other licenses?

Q:- In connection with the purchase of a plot in a township on Mysore Road, I have paid major portion of the sale consideration to the developer. But the developer has not completed even half of the work and the progress work is unduly slow for various personal reasons of the builder. I have lost interest in the plot because of this. Please advise me how to get back my money with interest from the builder?

Q:- My wife and my children have thrown me out of the house because of some difference of opinion. I purchased a site and constructed a house there on out of my own funds and presently, they are enjoying this property. Can I Sell this house in occupation of my wife and children? Will they claim their share in the property?