There are several instances wherever the promoters of AN flat don't transfer the complete extent of land to the patrons of flats.
Instead, he or she tends to retain a little of the undivided share that is
after victimized resulting in varied complications.
At times, the builder or his representative contend that
they're conjointly co-owner of the flat complicated since they own a share of
the land and demand that their cars be pose or retailers be made for his or her
use.
However, the court within the case involving (writ petition
No.39468 of 2002) bank of Travancore and therefore the regime of province et al
has command that someone cannot retain any undivided share of the land in AN
flat complicated unless he or she is an flat owner and in possession of the
made space within the building.
In1982, the bank of Travancore purchased eight out of twelve
flats made within the initial And second floors of AN flat complicated and in
hand an 919/1779 undivided share of the land.
Of the remaining four flats on the third floor, 2 flats were
purchased by Ms.Bharat Earth Movers restricted and therefore the different 2 by
2 people at the side of a 446 /1779 undivided share of land. The balance
414/1779 undivided share of the land wasn't sold .
The twelve flats within the complicated were punctually
two-handed over to the individual house owners in 1982 when receiving the due
payments. after, the owner regenerate the automobile parking areas into six
retailers in violation of the sanctioned arrange and applied for regularisation
of the deviation.
His application was rejected and conjointly the charm filed
against the rejection.
The city Corporation was directed to require appropriate
action to get rid of unauthorised construction.
When the city Corporation didn't take away the unauthorised
construction, M/s.Bharat Earth Movers, one in all the flat house owners filed a
judicial writ petition within the Court to direct CMDA and therefore the
Corporation to demolish the deviation. The Corporation of city and CMDA gave an
enterprise to the court that the action would be taken. The deviated parts were
after destroyed and therefore the entire automobile parking was two-handed over
to the flat house owners for joint possession.
Meanwhile, the promoter of the flat died and his legal heirs
claimed that the complete automobile parking on the bottom floor was in their
exclusive possession and place up shutters.
This was challenged within the court stating that the complete land on that the flats were made together with automobile parking
belonged to all or any the flat house owners.
The promoters argued through their counsel that solely a
little of the undivided share of land was sold
and 414/1779 undivided share were preserved by them.Hence, the promoters claimed that they need a right within
the land and therefore the entire ground floor, aside from a little that was
sold to the opposite flat house owners.
Hearing the arguments on either side, the court command that
someone cannot retain ANy undivided share within the land unless he or she is
an flat owner and in possession of the made space within the building.
States like Karanataka have created it necessary that the
undivided share of the land can't be registered in isolation and that they have
to be compelled to be registered at the side of the flats. This has helped
arranged the issues for the patrons and has conjointly helped earn additional
revenue for the State.
What to ascertain in Agreement?
When you get the property, your builder can offer you a date
after you have to be compelled to return to registration workplace and every
one the agreement work are going to be done. Most of the days, builders are
reluctant to indicate you the agreement copy. However they're going to be able
to share somebody else agreement copy at their workplace or at the most
website.
Just have a glance at that agreement that is sort of a
specimen or the format, on a number of the page, you'll see “Details of
Undivided Share of Land” and it'll be mentioned in proportion terms like
“0.45%” or precise space in sqft terms. simply scan the complete factor rigorously.
Then once the particular agreement should occur, you'll be
able to then scan the agreement thoroughly and make certain you take care of
now in your agreement copy. A tiny low tip here is that once builder calls you
for registration, tell him you'd prefer to precede one hour from the regular
time and have a close check out the agreement, if potential conjointly get a
attorney with you and have him check out the agreement.
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