Sir a civil suit has to be filed by association for declaration of the right on the association room as well as car parking and terrace rights as they are part of common area.
We have intially 30 Apartments G+5 Floors and Builder has constructed two apartmetns on terrace with Association room. Builder has written on Rs.100/ stamp paper and given to the some of the Buyers in the Association One pent house he sold and another pent house land owners have in Possession. Builder without hand overing of Car Parking etc suddenly he was disappeared and later he made IP. Out of 32 Apartments, 25 apartmetns were sold. Now the land owners are claiming that Asscoation Room also belongs to them and occupied.They are claiming they have teerace right and obstructing moving on terrace also. What legal steps we have to take for Assocation room, car parking , terrace rights etc. Regards NSN Reddy
Sir a civil suit has to be filed by association for declaration of the right on the association room as well as car parking and terrace rights as they are part of common area.
1) terrace forms part of common areas for benfit of all mmebers
2) association room does not belong to landowners . it is to be used for holding association meetings
3) similarly parking slots forms part of common area for benfit of all flat owners
4) file complaint against builder , landlowners before consumer forum seek orders to direct them to obatin OC hand over association room , terrace area , parking slots
Send them a legal notice in the present matter. Any of the common spaces in the building, which includes the car park area, terrace, parks etc. cannot be utilised/put to operation exclusively by a single flat owner/Association exclusively.
If the legal notice fails to help, approach consumer forum/civil court.
These rooms are for holding association meeting and not belongs to landonwer, complaint before consumer forum and seek orders for hand over association rooms , car parking and as well as terrace area
All these are not belongs to landowner , it's common area and used by all members
it is not possible to answer with out going through the agreement and other relevant document. better for you to take proper legal guidelines by showing complete files of your case to an advocate so that you can take a right path to handle your issues.
You need to move to the Co-operative Court for the same and take injunction/stay. This is utterly illegal on the part of owner
1) You can ask the agreement from owner and Builder, check all clauses from it whether parking, terrace etc rights are provided in it or not.
2) If yes than all those clauses should had informed you at the time of performing sale deed and mention same in it.
3) Need to review your sale deed and owner-Builder Development Agreement so we can provide you better feedback on your question.
Hello,
Was the terrace, association room etc sold illegallu without any authority of law.
In that case you may get that person evicted and the said person can file a suit of recovery to recover the money from the builder.
Also, please explain your question in detail for a more concrete advise
Regards
All these are common areas over which no party can have any exclusive right
The common areas would belong to the association
The land owners only have a right in the area which the builder would allot to them in lieu of grant of FSI rights or a share in sale proceeds
Once the building is completed, completion certificate is issued, then the builder and land owners have to convey their title to the association of flat purchasers
The association will have to file a suit against the builder and land owners
A. What are the terms and conditions towards Association Room usage in the Sale Deed? Whether the Association room is part of land owner's builtup area under the Joint Development Agreement as exclusive ownership vested with them or not? Any specific clause found towards relinquishment of right by the flat buyer over club house/association room in the Sale Deed??
B. Land Owners cannot be claimed over terrace rights as this area will be considered as common area and all the undivided share holder (32 flat buyers) are having equal right over terrace and Associaton.
C. You may approach the Civil Court to get permanent injuction order against the Land owners and builder also should be made party in the suit.
D. Carparking slots, terrace and Association Room shall be considered as common area in eyes of Apartment laws and Real Estate Regulation Act. Hence, the land owner are completely restricted to establish absolute ownership on this. However, they are having limited right to utilize the same like other flat buyers.
Terrace comes under common area.
If the land owners are creating problem, then the association can lodge a complaint with the Municipal corporation about the illegal construction of the penthouse on the terrace of the apartment and seek to demolish the same since it was built without any approval.
It can further file a suit to declare the construction of penthouse in the terrace as illegal and seek to demolish and dismantle the same since it is a common area which belong to all the members of the association