I have purchased a flat in Chennai. There are five flats. The total land area is 1733 Sq.ft. Four flats of 800 sq.ft. with UDS of 380 sq.ft, one ground floor flat of 600 sq.ft, with UDS of 190 sq.ft, The land owner has retained 23 sq.ft. of UDS with him and has constructed a small room ,which is mentioned in the plan as Electricity room and a toilet which is not mentioned in plan. He now has planned to occupy the room for his own office purpose. Whether he has the right to occupy the space?
Since this building is having 5 apartment, the Tamil Nadu Apartment Act is applicable and the situation will be governed in accordance with the stipulations contained therein.
Only the apartment owners have a conjoint and undivided interest in the common areas and facility. Builder cannot usurp the electricity room, which needless to say is a common facility.
Let the RWA issue a legal notice to the builder m
Owner cannot construct additionally on the unless the same is approved under a revised plan.
you can issue a legal notice and file civil suit for injunction against him to stop illegal construction.
If it is an electricity room then builder can not retain this room for his business purpose. Check the approved plan of the flat and conform the same .In a flat system, it is necessary to check the undivided share (UDS) which will determine the value of the property. The sum of all the undivided shares for each apartment owner must be proportionate to the area of the land in which the apartment has been constructed. 23 sq.ft. of UDS is a small area but you may check the plan. Builder needs consent of flat owners to carry on additional construction
you can file suit and seek stay of additional construction if no permission has been granted by flat owners for carrying on additional construction or changing of electtric room to his business place
No he legally donot have any right to occupy the space the same area shall be used for designated electric room the association can deny him right and issue a legal notice.
Landowner can use electricity from fir office purposes
2) it woukd be contrary to sanctioned plans
3) complain to muncipal corporation against land owner for unauthorised construction
He doesn't have right to occupy the premises. If it is not available in the building, you can approach the CMDA or Court to remove the illegal construction in the flat. Now a days, courts are so vigilant and strict in respect of the unauthorised constructions. Though, he has some of UDS land, he doesn't have right to convert the permitted plan.
You have to complaint regarding his occupation of the place as his office which is meant for Electrical room and there is no provision of toilet with the electrical room to the competent authority which is development authority of that area in this regard to take appropriate action and direct the landlord not to use that room property in such a way
As the land owner has retained 23 sq. ft. of UDS, it belongs to him legally. All the four flat owners enjoy 380 sq. ft. of UDS each. As such, all the five- the four flat-owners and the land-owner - have only undivided share of land with a total extent of 1,733 sq. ft. The share of each is undivided, and not specific, not divided by metes and bounds. In the circumstances, the land-owner cannot legally put up any construction over his 'specific' share of 23 sq. ft. All the four flat-owners may jointly or severally challenge his action.
Dear Sir
Legally he cannot because it is part and parcel of common area.
