As per plan for 7 Blocks, our Builder constructed phase-wise blocks 6 Nos and registered the UDS to each flat owner proportionate to total tand area and constructed the boundary wall to the extent of 6 Blocks along with all amenities (club house, children play area etc.,). The piece of land earmarked for 7th Block was sold to the third party by the builder. Do this flat owners have any legal claim on our amenities which is constructed as indicated above.
If no undivided share and common area is registered to the 7 block members than they cannot claim undivided share and have. No right over the amenities.
Your registered document need to be perused does the undivided share is.distributed in proportion of 6 block flat owners or 7.
If it is 6 the 7th cannot.claim they have. To sue builder for there claim
Plans were sanctioned for 7 blocks
2) the common amenities are for 7 blocks
3) flat owners of 7 th block would be entitled to usage of club house and other facilities
If the 7th block was included in the project and all the amenities like club, children's play area or jogging Park etc. Are available for the 7th block also then builder has no right to sold 7th block to any third party. You have right to cancel this deal and take compensation from the builder, you have the right to found the Builder to provide all such amenities for the 7th block's owners also. If this project is registered under the rera act then you should file a complaint before the chairman of Rera authority. It is settled law that when the plan was approved and that approved plan was exhibited by the Builder at the time of selling of the flat then builder has no right to make any change in the plan if he did so then he is bound to compensate the flat owners.
Hello,
Yes they will also have right on the amenities that are being enjoyed by you.
Regards
Yes they have claim to use the facilities provided to you people. Since plan is sanctioned for seven blocks they have right to use facilities and amenities provided to rest six blocks.
In case there is no undivided share or common area is prescribed in plan then the 7th block people cannot seek to use any amenities provided to rest 6 block.
1. The buyers of rest of the six blocks have nothing to say on what is happening with the 7 th blocks.
2. However if the common facilities or amenities were showcased or designed to be situated on 7th block and out of this selling you are getting deprived of these facilities then you have remedy before the consume forum.
3. Other than this you have nothing to say on what the builder is doing with the land for 7th block.
1. if the 7th block is a part of the common layout plan, then the flat owners on that block will have a claim on the common amenities.
2. if the 7th block is subdivided from the rest of the 6 blocks and separate boundaries are marked for each plot so subdivided, then both pieces of lands become independent of each other, subject to any easementary rights, through one another's plots.
Your question: Do this flat owners have any legal claim on our amenities which is constructed as indicated above.
Answer: Yes the flat owners have right over the amenities which are constructed above, but only over the amenities available on the 6 blocks and not the 7th block. UDS works in the fashion that, the builder and the owner will both have a certain share in the part of the land. Therefore it is very important to read the agreement which the builder has signed with you and the relevant terms and conditions of the Agreement.
I would advise you the following:
1. The builder cannot create third party rights;
2. I would require to read the UDS agreement, including the terms and conditions;
3. As long as the Agreement is registered, the flat owners are the real owners.
4. You should consult a lawyer to verify your legal documents, so as to avoid problems in the future.
Dear Client,
This depend on the sale agreement/deed executed between builder and third party, but in general, amenities,common facilities in same compound, is available to every owner.
But in your case, blocks are separated by boundary walls, I don`t feel the 7th block owner would have any claim.
Even if in sale deed with 7th Block owner, builder given access to amenities enjoying by you, is not valid, until the 7th block owners, willing to abide by laws of society formed by 6 Blocks and pay maintenance.
No. Chance is not there.as far as amenities is up to 6 blocks from and the seventh is builders block the 7 th block persons have no right to use that amenities
You may have to see the terms and conditions as mentioned in their sale agreement about the utilisation of the said amenities now restricted to the 6 blocks alone.
You may confirm about this from the master plan of the apartment complex and decide further course of action.
If the builder is reported to have sold the UDS pertaining to 7th block illegally then he may be taken into task about this by the owners of that block through concerned authorities as well as through consumer forum besides initiating action through RERA.
Yes, they may have as the same is on the same vicinity, and also they have also bought it so there must be some conditions in the agreement to sell as to how they have right over the same irrespective of the fact of third party involvement.
Hi,
Yes, the flat owners have the legal claim on that.
It depends on the terms of your agreement and the agreement of the builder with third party. As per the said agreed terms the Division of amenities if any will be decided.
