• Open space Stilt parking and common areas is been sold by builders.

Builder has sold Open Space as parking, on ground floor on above water tank, without maintaining height as per DCR,

Builder has sold Stilt parking adjacent to a shop in the same bldg for commercial purpose, by manupulating the wordings in agreements.

Builder has sold terrace above the shops to 1st floor flat owner by manupulating the breach of privacy wordings in agreements. 

Builder is liable to pay all the water charges and taxes if any to be paid untill and unless OC and society is been handover to the society/flatowners.
Asked 6 years ago in Constitutional Law

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12 Answers

Open parking comes under common area, sale is illegal and no ownership to buyer. Stilt cannot be put use other than parking, Complain to municipality, will demolish any construction or will seized.

Buyer cannot be forced to take possession without OC and any charges due before sale deed and possession, will pay by builder.

Can file consumer complaint.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

Dear,

       In your question, you are not mentioning, what is your grievance.

       Please specify

Tarun Agarwal
Advocate, Jaipur
768 Answers
3 Consultations

What is your query? 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Builder has sold Open Space as parking, on ground floor on above water tank, without maintaining height as per DCR,

open car park space cannot be sold either in MOFA regime or in RERA regime. It is illegal

Builder has sold Stilt parking adjacent to a shop in the same bldg for commercial purpose, by manupulating the wordings in agreements.

stilt parking could not be sold in MOFA regime but after RERA it can be sold. If the project is registered with RERA, then RERA will apply and builder can sell the stilt parking space

Builder has sold terrace above the shops to 1st floor flat owner by manupulating the breach of privacy wordings in agreements.

if the approved building plans show the terrace as attached to the 1st floor flat to be used by the owner of that flat exclusively then builder can sell

Builder is liable to pay all the water charges and taxes if any to be paid untill and unless OC and society is been handover to the society/flatowners.
all outgoings applicable prior to handover of land and building by execution of conveyance in favour of society, is the liability of builder

Yusuf Rampurawala
Advocate, Mumbai
7900 Answers
79 Consultations

1. Any contributions or usage of permanent nature violating the sanctioned/approved building plan is illegal constructions or usage.

2. So you can lodge complaint with the local Municipality to demolish or remove the structure which is done beyond approval of the sanctioning authority or has caused or encroached upon the area meant for common utility o facility.

3. The builder can not sell stilt parking space anymore as this is the part of the common area.

4. So for all these grievances you can approach the consumer fora seeking necessary remedies and damages.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

1) file complaint against builder before consumer forum or RERA if  he has sold terrace , open parking slots 

 

2) terrace forms part of common are for benefit of all members 

 

3) if members have taken possession of flat before OC then flat owners have to pay maintenance charges 

 

4) builder cannot offer possession of flats until OC is issued 

Ajay Sethi
Advocate, Mumbai
99812 Answers
8147 Consultations

You along with other residents in the society must approch the development authority and complaint against the builder and in case you do not find suitable remedy to the problem you may file writ in High Court or a PIL in general

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

See society can file suit for recovery of amount and for cancellation of such agreement and taking possession of these spaces. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Builders can't sell open spaces as already clarified by supreme Court. He also cannot sell common spaces like terraces. You can approach high court under writ petition for the same. You can also demand compensation under consumer protection Act

Prashant Nayak
Advocate, Mumbai
34542 Answers
249 Consultations

Dear 

Builder cannot sold any common areas of society to any of the flat owner because the common area belongs to the society and no one can take ownership right over those areas. 

If builder have sold and registered those area then the registration become null and void after the formation of society association and ownership rights will be transferred to association as per ruling of Hon'ble Supreme Court.

Yes builder is liable to pay all the charges before handling the charge to association of society.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Builder cannot sell stilt and open car parking slots but can allot car parking. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

The society can take action against the builder's illegal selling of the common areas of the apartment complex. 

It can also file a suit before court seeking to cancel or nullify the said illegal sale of the common areas if it was sold by a registered deed. 

T Kalaiselvan
Advocate, Vellore
90014 Answers
2497 Consultations

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