• Owning a flat that has been constructed illegally.

In 2007, I bought a flat in my town from another person who owned it and had bought it from the builder. The building has 20 flats and in my title deed, i have an ownership of 1/20th part of the 28.5 cents of land this building is constructed on. Recently, I came to know that this building was originally constructed for 16 apartments and the builder has sold 16 apartments to buyers citing that they have 1/16th ownership of the land the building is constructed on. 
The builder again constructed 4 more apartments on the top of this and I have been sold one of those 4 apartments.
I want to know if my flat is legal, as it seems that the other 16 owners are the real owners and I feel that I have been cheated. What is my legal remedy?
Asked 6 years ago in Property Law
Religion: Christian

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11 Answers

1) check the building plans sanctioned by municipal corporation 

 

2) whether OC has been issued for only 16 flats or 20 flats 

 

3) you have to sue the seller to recover your money if construction is unauthorized 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

Dear Client,

This depend on the agreement executed with 16 flat owners and plan passed by municipality, how many flats were sanctioned. If it`s 16 than later flats are illegal. Neither am getting, when already proportionate share in land was registered with 1/16th each, how could builder was allowed by flat owners to construct more flats. Well, they them self not objected so, their share reduced to 1/20th but issue still same, if construction of 4 more flats in contravention of sanctioned plan than your property is at risk.

Check the sanctioned plan.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

You can file a cheating complaint/FIR in the local police station against the builder. You can also file consumer complaint before the consumer court for deficiency of service.

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

Hello,

please check and let us know that whether the map for constructing those 4 flats was sanctioned by the authority or not?

 

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

The builder has not only cheated you but he has cheated all the rest of the 16 owners. Lodge an fir against him in the local police station for fraud criminal breach of trust and forgery.

Regards 


Also file a case in the state consumer redressal forum immediately which will issue notice to the builder and impose costs on him.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud against the person, supported with all relevant supporting documents.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Check approval whether it is not approved then you can file a complaint against him. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. A question like this cannot be answered unless the JV agreement which the builder executed with owner and local byelaws are perused. 

2. If you have been cheated then remedy is to file a criminal case of cheating under Section 420 IPC and also a civil suit for recovery of money paid to him as sale consideration but it will be a touch journey for you as the doctrine of buyer beware will apply against you with full vigour, 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Hi,

You are the legal owner of the flat and you need to verify the same from the authorities where the property is registered. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Since you have purchased the flat by a registered sale deed, you dont have to be worried about it. In case the authorities find that this has been constructed violating the original approved plan and issue a notice to vacate or demolition, you may approach court and obtrain a stay order against the authorities and let the court decide while you can plead innocence about this.

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

  1. As per the information mentioned in the present query, makes it clear that when the total area had already been divided between 16 existing flat owners stating in 1/16 ration then you how this can be further added with more four flats and given you 1/20.
  2. Yes, you have been cheated by the builder by giving the wrong measurement as well as the ownership of flat which is not legal at par.
  3. But, still before taking any criminal and civil action against him, I would advice you to check the exact measurement of the area and see if you can be allowed that percent of ownership.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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