• Legal question

==== extract from Sales Deed =====           
AND WHEREAS the VENDOR herein has agreed and offered to sell the Flat No.301, in Third Floor, of the building complex known as “ Vaibhav RESIDENCY” admeasuring 2770 Square Feet (including open space) and also Car Parking in Stilt Floor admeasuring 150 Square Feet, together with undivided share of land 60.00 Square Yards, 
===========================================================

2770 Square Feet consist of 1890 build up area + 880 open space

I have this claw also written 
"Vendee (me) shall not raise or construct any structure thereon in front open space area"

That is in 880 open space

Question ====
a) As i am purchasing the 2770 sqft (1890 +880)  & paying full stamp duty & mentioned in documents

What will be the relevance of this claw 
"Vendee (me) shall not raise or construct any structure thereon in front open space area"

since i will be the owner of 2700 sqft , this claw will have any issue in future if i build up on this space
Asked 2 years ago in Property Law from Saudi Arabia
Religion: Other

you cnnaot carry on any construction on the open space

2) building plans have been sanctioned only for 1890 square feet

3) check copy of building sanctioned plans

4) any unauthorised construction would be demolished

Ajay Sethi
Advocate, Mumbai
74617 Answers
4462 Consultations

5.0 on 5.0

This is part of open space as per the design approved by the development authority and have restriction over any built up area in the open space which changes the external facade of the building.

You may say that this is super area you are paying for.

The new provisions are only the carpet area sale and the super area is just notional and the buyer pays for the carpet area only but at the inflated rate.

Your open space may include the common area as well

Vimlesh Prasad Mishra
Advocate, Lucknow
6380 Answers
20 Consultations

4.9 on 5.0

Hello sir, as per building plan Act and regulation, there is a fixed FAR according to which the building has to be constructed ...Therefore, the open space left is mandatory as per the approvel of sanctioned plan and cannot be constructed as per building bye-laws

Hemant Chaudhary
Advocate, Gurgaon
4461 Answers
34 Consultations

4.9 on 5.0

Yes, this clause will restrict your from erecting any sort of construction on the 880sqft of open area.

This arrangement is in consonance with law because any sort of construction in the open area is impermissible.

Vibhanshu Srivastava
Advocate, New Delhi
8957 Answers
154 Consultations

5.0 on 5.0

1. If this is the clause then you can not build any construction in the said area.

The open area is there in furtherance of the sanctioned plan and therefore you can not make any construction which is against the sanctioned plan obtained by the builder.

Regards

Anilesh Tewari
Advocate, New Delhi
17615 Answers
288 Consultations

5.0 on 5.0

1. you may construct additional facility with the approval of the relevant govt authority- if the property consist of land and building and individual property

2. if it is multi story building - have to obtain a approval from the association and permit from the relevant authority

Ramasubramanian K
Advocate, Chennai
2 Answers

4.0 on 5.0

1. This is to ensure that sanctioned building plan on which basis the complex was raised is not breached.

2. Moreover the open space must be a free space for adjoining flats who would enjoy the unhindered view, passage of light and air and to ensure the continuance of this it is essential it is not blocked in future by raising the constructions by the person who is owning this open space.

3.So there is no issues in it and enjoy the open space along with the built up your are purchasing.

Devajyoti Barman
Advocate, Kolkata
19611 Answers
278 Consultations

5.0 on 5.0

if 880 is shown as part of your flat and not terrace then you can carry on construction with permission of muncipal corporation and the society

2) any structure would imply no construction can be carried on whether it is brick work or iron or RCC or tin structure

3) you can regularize on payment of penalty if it permissible

4)once society is formed you dont need builder consent

5) better insist for deletion of said clause in sale deed

Ajay Sethi
Advocate, Mumbai
74617 Answers
4462 Consultations

5.0 on 5.0

Perhaps this 880sqft of open area(which lies inside your flat) includes areas under services shafts, exclusive balcony or verandah area and exclusive open terrace area.

Any sort of construction in the above category of area is immersible. At best, you can come up with temporary structures, which can be easily dismantled at any time a legal complication arises.

Vibhanshu Srivastava
Advocate, New Delhi
8957 Answers
154 Consultations

5.0 on 5.0

You can use the 880 for other purposes such as common area laen though there cannot be any construction as approval is for 1890 only further see the building sanction plans.

2.no construction either temporary or permanant.

3.yes.

4.these schemes are always for old construction so government can also.for demolition of unauthorized structure.

5. Once handed over completely builder doesnot have any role

Shubham Jhajharia
Advocate, Ahmedabad
24354 Answers
96 Consultations

5.0 on 5.0

1.if it is mentioned as flat then you can raise constructions.

2. It means the developer puts embargo on you so you can not raise constructions as there is otherwise no hindrance in doing so.

3. yes

4.yes

5.No , it is not necessary.

Devajyoti Barman
Advocate, Kolkata
19611 Answers
278 Consultations

5.0 on 5.0

1. The sanctioned plan of the flat is that there will be open space of 880 sq.ft left before the constructed floor of 1890 sq.ft.

2. The said arrangement of keeping the said area vacant before the constructed floor of each flat is a precondition based on which other flat owners have bought or shall buy the flats.

3. Hence, the Vendor has incorporated the said clause that even if you own the said vacant area of 880 sq.ft before the constructed floor of your flat, it is required to be kept vacant on which you can not raise any construction.

4. This clause will mandate that though you shall be the title holder of 2700 sq.ft area. 1890 sq.ft of the same will be constructed floor and the rest 880 sq.ft will be vacant area on which you are not authorised to make any construction.

Krishna Kishore Ganguly
Advocate, Kolkata
24048 Answers
662 Consultations

5.0 on 5.0

1. that 880 sq.ft is not common area. It is your area which shall have to be kept as open space without making any construction thereupon.

2. It states that you can not make any brick work there upon or any construction with iron work.

3. Wall shall require brick work, Tin shed also will require iron work. So the same can not be constructed.

4. If after making the unauthorised construction, you can get the same regularised by paying penalty/fees etc, then it will become authorised.

5. No. After the sale deed has been registered in your name, the builder shall in no way connected to your said unauthorised construction and you are not required to take any approval from him for carrying out the said unauthorised construction.

Krishna Kishore Ganguly
Advocate, Kolkata
24048 Answers
662 Consultations

5.0 on 5.0

Any kind of construction is not allowed in the said area.

Yes the tin structure in permanent nature will be considered as construction

Yes you will have to take NOC from builder if in case you later want to get the same regularized, in that case also certain amount of compounding fees will have to be paid.

Regards

Anilesh Tewari
Advocate, New Delhi
17615 Answers
288 Consultations

5.0 on 5.0

You cannot put any structure in the UDS though you have paid for that space also.

That will be termed as deviation in approved plan hence liable for Demolition.

T Kalaiselvan
Advocate, Vellore
64570 Answers
836 Consultations

5.0 on 5.0

All your further queries relate to unauthorized construction.

Any structure that may come up illegally may cause you unnecessary legal hassles in future.

While buying an apartment, Indian home buyers concentrate on flat area but clueless about the actual land ownership - Undivided share of land. The property appreciation depends on the land value (UDS) and not the concrete building.

Undivided Share of Land(UDS) is the portion of land which you own. Generally when a person buys apartment you get to own your own constructed area and also a part of the total property. Which means, the UDS is calculated by:

UDS= your apartment’s built-up area/ sum of all other flats built-up area* total land area.

UDS= your apartment’s built-up area/ sum of all other flats built-up area* total land area.

An essential factor to understand here is the undivided share along with the built up area determines the future monetary value of the property.

T Kalaiselvan
Advocate, Vellore
64570 Answers
836 Consultations

5.0 on 5.0

As per the terms of agreement no construction is permitted in that open spaces. If you construct the same in future legal action can be taken against you.

Prashant Nayak
Advocate, Mumbai
18700 Answers
34 Consultations

4.6 on 5.0

1. Constructed area of "1890 build up area" is classified as "FSI" under the Regional Town Planning Act. This is Legal and cannot be modified.

2. Open space area of "880 Open Space area" is classified as "NON-FSI" under the Regional Town Planning Act. ANY type of construction on Non-FSI area, at any futuristic time, shall remain illegal and a punishable offence.

3. Open Space Area, is for perpetual general use (garden, parking, sit-outs, parties), by the holder. FSI related construction can be conducted AFTER taking proper sanction from the local civic authorities, by paying the prelevant FSI premium, ELSE "NO".

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
4363 Answers
23 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer