In 2005 I entered into a unregistered Joint Development Agreement with a builder to construct 7 flats with 50% share each. But, he constructed 8 flats and gave me 3 flats and a shed with single room on terrace. The builder sold of 5 flats. I (landowner) have no other registered document except the land sale deed registered.(None of my flats & shed has been registered on my name). I have been paying Municipal taxes to my share of property and also in possession of it since 2006. Now, top floor flat owner claims the terrace to be his. 1) What are the documents required to prove that the 3 flats and the shed on top floor belongs to landowner? 2) Can the landowner sell or gift his share of the 3 flats and shed at his will without the builder's consent?
Suplementary sharing agreement between builder and landowner should be registered which would mention the 3 flats and shed on top floor belong to landowner
2) you can sell your share without builder consent but advisable to make builder a confirming party
1. Refer to his sale deed to find out whether the builder has sold your allocation illegally to the purchaser.
2. Since the shed in open terrace belongs to you as per the JDA with the builder the flat owner can not claim this area.
3. However the remaining portion of the open terrace belongs to all the flat owners in undivided share for common purposes.
4. On the basis of original title deed on the land and the JDA the landowner can sell his allocated flats to prospective buyers.
1.The agreement/mou with the builder.
2. Depends on the mou with builder and the tes agreed
Terrace comes under common area and equally hold by every one. You are land owner. Whatever construction over the land owned by you except sold flats.
Shed belongs to you and you are free to sell, gift,Will your share freely. Builder has no say.
For the same the Joint Development Agreement should have registered, Now collect rest of the 5 Flats documents copy from all owners and compare the sq ft ratio between your and builders sharing ratio, and your land layout plan sanctioned. show this to registrar in his office that land is on your name and remaining balance three flats and terrace shed are on your name so need to register again.
Kindly visit Municipal corporation office or Gram panchayat office and call the Construction inspector for further inspection and you are paying property tax so what so ever in your hand or 3 flats sq fts and shed on terrace belongs to you (owner) and accordingly should be recorded in the Municipal corporation and property tax should be given accordingly on your name.
1) Sale deed and other relevant documents.
2) yes you can sell without consent of builder .
When the flats were constructed did you have any agreement as to what belongs to who? Moreover the terrace goes to the person living on the top unless stated otherwise.
Also other than the sale deed an agreement should have been made and registered with the builder.
It should be done now and the property demarcated.
1. File a suit before the court and ask the builder to give statement before the court.
2. That depends as to what conditions were stipulated in the contract that you entered with the builder. if the same does not have any condition, which says that NOC from the builder is required then you may go ahead and sell of the flats in your possession.
Regards
Dear Sir,
Though the joint development agreement was not registered, it may be used as the proof that the said 03 flats belong to you and further the same will strengthen by the taxes paid by you. Hence, you will be able to the prove that the 03 flats are yours and you can do whatever you wish.
1. The Development Agreement is the only documentary evidence that shows the Title-Ownership of Landlord's share of his Flats. Landlord's Flats need not be stamp duty paid or registered because it is not a sale /gift /etc,,,, but landlord has received it as a compensation for giving his property for development. Landlord can legally Sell /Gift /Donate /whatever.... without any legal reference to Builder or anybody.
2. According to district town planning rules, Terrace is classified as free of FSI and common open space and nothing can be constructed on it and all flat owners have right to access the terrace and nobody can claim exclusive ownership on terrace.
- As per rule. both parties are bound with the said joint development agreement , and cannot go beyond the clauses mentioned therein.
- You should check with that JDA , for the ownership of the terrace , and then check in the sale deed of the top floor flat owner , executed by the builder
- If nothing mentioned in the JDA regarding the ownership , then builder has not right to transfer the terrace right to the purchaser legally.
- Otherwise , being landowner you have right of the terrace and seek compensation from the builder if he transfer the same without your consent and against the JDA.
1. On the ground of possession and taxes,& JDA , you can enter into a Supplementary sharing agreement .
2. Yes, you can sell or gift your share without the consent of the builder legally.
1.File a declaration suit for declaring your ownership on basis of the 2005 agreement.
2.Yes
1. The registered JDA will have a mention about the flats and the appurtenances shred between the land owner and the builder. If there is no mention about the flat allotted to the landowner, then the builder should make a supplementary agreement in which you can find all these details.
2. The land owner becomes the absolute owner of the flats allotted to him along with any other portion as mentioned in the JDA, for which he need not obtain the consent of the builder.
1. If the flats are not yet registered in your favour then you do not have the title to those flats.
2. If the builder has violated the agreement then remedy in your hands is to file a suit for specific performance of the agreement you entered into with him.
3. Also seek temporary injunction to stop the builder from selling the flats during the pendency of the suit.
1. If you have your land sales deed then you don't need deed for your specific share in the building but You can ask the builder for registration of flats and terrace on your name as per agreement.
2. Yes landowner can sell his share without consent of builder or other residents of building.
As per Unregistered JDA : 2 flats on Ist floor belongs to Landowner & 2 flats on 2nd floor belongs to Developer, 4th floor is not mentioned But he sold 1flat in 2nd floor and 1 flat in 4th floor as Landowner's share with signatures of landowner & Developer. Now could I sell my share on 1 st floor 2 flats and my shed on 4th floor?
You can sell 2 flats on first floor and shed on 4 th floor
however advisable to make builder confirming party to sale deed
Yes you can sell
If the property now you propose to sell is a part of share of property allotted to you by this JDA , you can go ahead with the sale of the same.
If at all there's any objection to this then you can plan legal action in furtherance.
Yes, you can sell your falt anytime. No permission required from any one.
You can sell your 2 flats, consent not required
Well that is certainly illegal and a complaint may be filed a civil and a criminal.
Yes you can sell it if the same is in your name and possession
Dear Sir,
As per your input, you may sell your flats and shed without any hindrance and issues.